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IN RE FICKEY

Bankruptcy No. 1-81-01463, Adv. No. 1-81-0493.

23 B.R. 586 (1982)

In re Donald Edward FICKEY, Kathy Lynn Bentley Fickey, Debtors. Donald Edward FICKEY, Kathy Lynn Bentley Fickey, Plaintiffs, v. The BANK OF LaFAYETTE, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

September 23, 1982.

Attorney(s) appearing for the Case

Robert J. Harriss, Rossville, Ga., for the plaintiffs.

Fred T. Hanzelik, Chattanooga, Tenn., for the defendant.

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

The question in this proceeding is whether or not the defendant bank's security interest in certain household furnishings and appliances owned by the plaintiff debtors is a purchase money security interest. The debtors claimed the goods as exempt and brought this action to avoid the bank's security interest as impairing their exemptions. The security interest can be avoided only if it is a nonpurchase money security...

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