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IN RE CULP

Bankruptcy No. 1-81-00710, Adv. No. 1-81-0388.

18 B.R. 621 (1982)

In re Thomas J. CULP and Linda M. Culp, Debtors. Thomas J. CULP and Linda M. Culp, Plaintiffs, v. COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT COMPANY, Defendant.

United States Bankruptcy Court, M.D. Pennsylvania.

March 24, 1982.

Attorney(s) appearing for the Case

James P. Johnson, State College, Pa., for plaintiffs.

Lee G. Nollau, Litke, Lee, Martin, Grine & Green, Bellefonte, Pa., for defendant.

MEMORANDUM AND ORDER

LIEN AVOIDANCE OF A NON-PURCHASE MONEY SECURITY INTEREST

THOMAS WOOD, Bankruptcy Judge.

The debtors have claimed a refrigerator and range as exempt personal property in a Chapter 7 proceeding. They seek to avoid the defendant's lien. The defendant argues that its security interest is a purchase money security interest and that, as such, it is non-avoidable.

FACTS

The parties have stipulated to the facts. In...

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