IN RE YAZZIE

BAP No. SC-82-1106HEG, Bankruptcy No. 81-02130-M, Adv. No. C81-1486-M.

24 B.R. 576 (1982)

In re Virgil W. YAZZIE, Debtor. Virgil W. YAZZIE, Appellant, v. POSTAL FINANCE COMPANY, Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided October 1, 1982.


Attorney(s) appearing for the Case

J. Warren Beall, Oceanside, Cal., for appellant.

Jerry Michael Suppa, San Diego, Cal., for appellee.

Before HUGHES, ELLIOTT and GEORGE, Bankruptcy Judges.


OPINION

HUGHES, Bankruptcy Judge:

At issue in this appeal is whether a complaint to avoid a lien pursuant to 11 U.S.C. § 522(f)(2) must be brought within a specified time limit. We hold that, in the absence of prejudicial delay, such an action may be brought at any time.

I.

Appellant debtor filed a petition under Chapter 7 of the Bankruptcy Code and claimed his household goods exempt pursuant to 11 U.S.C. § 522(d). A discharge...

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