AUGUSTINE v. UNITED STATES

No. 81-2701.

675 F.2d 582 (1982)

Peter C. AUGUSTINE and Nancy L. Augustine, Appellants, v. UNITED STATES of America, United States Department of Agriculture, Farmers Home Administration, Appellee.

United States Court of Appeals, Third Circuit.

Decided April 15, 1982.


Attorney(s) appearing for the Case

James R. Walsh (argued), Spence, Custer, Saylor, Wolfe & Rose, Johnstown, Pa., for appellants.

J. Alan Johnson (argued), U. S. Atty., Paul J. Brysh, Asst. U. S. Atty., Pittsburgh, Pa., for appellee.

Before GIBBONS, SLOVITER and BECKER, Circuit Judges.


OPINION OF THE COURT

GIBBONS, Circuit Judge.

As debtors begin to assert their new rights under the Bankruptcy Reform Act of 1978, 11 U.S.C. § 101 et seq. (the Code), the courts have been called upon to define the statutory and constitutional limits of these rights. Of particular concern to secured creditors has been the bankruptcy courts' power under Section 522(f) to avoid certain liens on exempt property as defined in Section 522(b) and (d...

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