MATTER OF STRAIN

Bankruptcy No. 81-0484.

16 B.R. 797 (1982)

In the Matter of Craig D. STRAIN, Julie Strain, dba Designs in Landscaping, Debtors. Craig D. STRAIN and Julie Strain, dba Designs in Landscaping, Plaintiff, v. VALLEY BANK, an Idaho Banking Corporation, Defendant.

United States Bankruptcy Court, D. Idaho.

January 25, 1982.


Attorney(s) appearing for the Case

Kent E. Whittington, Idaho Falls, Idaho, for plaintiff.

Steven A. Hoskins, Idaho Falls, Idaho, for defendant.


MEMORANDUM DECISION

MERLIN S. YOUNG, Bankruptcy Judge.

The present matter is before the court for final determination pursuant to stipulation of the parties at pretrial. Plaintiff debtors seek, by this proceeding, to avoid defendant's lien under the provisions of 11 U.S.C. § 522(f). Defendant has alleged an affirmative defense upon which it relies entirely, i.e. "Under I.C. 11-607, plaintiff is prohibited from voiding defendant's otherwise validly perfected...

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