MATTER OF HART

Bankruptcy Nos. BK80-2543, BK81-707, BK80-2544, BK81-510, BK80-1753, BK 80-2401, BK81-305 and BK81-258, Adv. Nos. A81-151, A81-210, A81-206, A 81-205, A81-220, A80-589, A81-216 and A 81-208.

16 B.R. 78 (1981)

In the Matter of George & Maryland HART, Debtors. George and Maryland HART, Plaintiffs, v. POSTAL FINANCE COMPANY, A Corporation, Defendant. In re James A. LINHART, Constance M. Linhart, Debtors. James A. LINHART, Constance M. Linhart, Plaintiffs, v. POSTAL FINANCE COMPANY, a corporation, Defendant. In re Vernon SHIVELY and Joan Shively, Debtors. Vernon SHIVELY and Joan Shively, Plaintiffs, v. POSTAL FINANCE COMPANY, A Corporation, Defendant. In re Robert Dean DOUGHERTY, Jr., Diana Marie Dougherty, Debtors. Robert Dean DOUGHERTY, Jr., Diana Marie Dougherty, Plaintiffs, v. POSTAL FINANCE COMPANY, a corporation, Defendant. In re William LUNSFORD and Maurine M. Lunsford, Debtors. William LUNSFORD and Maurine M. Lunsford, Plaintiffs, v. POSTAL FINANCE COMPANY, A Corporation, Defendant. In re Dale Allen HOYT and Eva Frances Hoyt, Debtors. Dale Allen HOYT and Eva Frances Hoyt, Plaintiffs, v. POSTAL FINANCE COMPANY, a corporation, Defendant. In re Lyle Dean WICKWIRE, Alice Ray Wickwire, Debtors. Lyle Dean WICKWIRE, Alice Ray Wickwire, Plaintiffs, v. POSTAL FINANCE COMPANY, Defendant. In re Donna M. CORTER, a/k/a Donna M. Bachman, Debtor. Donna M. CORTER, a/k/a Donna M. Bachman, Plaintiff, v. POSTAL FINANCE COMPANY, a corporation, Defendant.

United States Bankruptcy Court, D. Nebraska.

December 14, 1981.


Attorney(s) appearing for the Case

Vincent M. Powers, Lincoln, Neb., for debtors George and Maryland Hart, Vernon and Joan Shively, William and Maurine Lunsford and Donna M. Corter.

Robert C. Wester, Papillion, Neb., for debtors James and Constance Linhart.

Jerome P. Grossman, Omaha, Neb., for debtors Robert and Diana Dougherty.

Clay B. Statmore, Lincoln, Neb., for debtors Dale and Eva Hoyt.

Larry Spain, Scottsbluff, Neb., for debtors Lyle and Alice Wickwire.

Michael F. Kivett, Omaha, Neb., James E. Gordon and Fredda Bisman, Lincoln, Neb., for Postal Finance Co.


DAVID L. CRAWFORD, Bankruptcy Judge.

MEMORANDUM

Each of the cases joined in this opinion was filed under the Bankruptcy Code of 1979 but involve creditor acquisition of a § 522(f) security interest prior to October 1, 1979, the Code's effective date.

The petitions of George and Maryland HART and James and Constance LINHART seek to use the debtor avoidance power to affect liens which attached prior to November 6, 1978, the Code's enactment date...

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