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MATTER OF MONTNEY

Bankruptcy No. 80-03834-B, Adv. No. 81-0973-B.

17 B.R. 353 (1982)

In the Matter of Wendell J. MONTNEY and Helen Montney, Debtors. Wendell J. MONTNEY and Helen Montney, Plaintiffs, v. BENEFICIAL FINANCE CO. OF MICHIGAN, Defendant.

United States Bankruptcy Court, E.D. Michigan, S.D.

As Amended February 2, 1982.

Attorney(s) appearing for the Case

Professional Legal Centers, P.C. by Patrick Conway, Detroit, Mich., for plaintiffs.

John A. Dent, Pontiac, Mich., for defendant.

OPINION

GEORGE BRODY, District Judge.

This case deals with the question as to whether there is a time limit within which a debtor must institute an action to avoid a nonpossessory, nonpurchase money lien on exempt property under section 522(f) of the Bankruptcy Code.

Wendell J. Montney and Helen Montney (debtor) filed a voluntary petition in bankruptcy under Chapter 7 on July 9, 1980. Routinely, the debtors...

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