MATTER OF LOVETT

Bankruptcy No. 80-01729-SJ, No. 81-6007-CV-SJ.

23 B.R. 760 (1982)

In the Matter of Hershel Lee LOVETT and Margie Ann Lovett, Debtors. Hershel Lee LOVETT and Margie Ann Lovett, Appellants, v. BENEFICIAL FINANCE CO., Appellee.

United States District Court, W.D. Missouri, St. Joseph Division.

October 8, 1982.


Attorney(s) appearing for the Case

Hugh A. Miner, St. Joseph, Mo., for appellants.

Steven C. Effertz, Stoup & Bohm, Kansas City, for appellee.


ORDER GRANTING MOTION FOR RECONSIDERATION, VACATING DECISION AND ALLOWING LIEN AVOIDANCE

SACHS, District Judge.

The Court has heretofore affirmed the final judgment of Bankruptcy Judge Stewart denying the complaint of plaintiffs (debtors) for lien avoidance. Matter of Lovett, 11 B.R. 123 (D.C.W.D.Mo.1981). The theory of the Court was that the security interest vested prior to the date of enactment of the Bankruptcy Code...

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