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IN RE LUMPKINS

Bankruptcy No. 8000861, Adv. No. 810017.

11 B.R. 76 (1981)

In re Dempsey E. LUMPKINS and Elsie Lumpkins, Debtors. Dempsey E. LUMPKINS and Elsie Lumpkins, Debtors, Plaintiffs, v. BENEFICIAL FINANCE CO. OF RHODE ISLAND, Defendant.

United States Bankruptcy Court, D. Rhode Island.

May 14, 1981.

Attorney(s) appearing for the Case

John Brunero, West Warwick, R.I., for debtors.

Richard Fleury, Warwick, R.I., for Beneficial Finance Co.

Louis Geremia, Providence, R.I., Trustee.

DECISION GRANTING DEBTORS' COMPLAINT TO AVOID SECURITY INTEREST

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

The Debtors seek to avoid Beneficial Finance Co.'s non-possessory, nonpurchase-money security interest in their household goods under Bankruptcy Code § 522(f). 11 U.S.C. § 522(f). Beneficial objects, maintaining that § 522(f) was not intended to apply retroactively, but that even if it were, it would be violative of due process under...

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