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IN RE DeBOSE

BAP No. SC-81-1065-GEV, Bankruptcy No. 80-00814-P, Adv. Nos. C80-0299-P, C80-0232-K.

16 B.R. 881 (1982)

In re Jerome DeBOSE and Louise DeBose, Debtors. UNITED STATES of America, Appellant-Intervenor, v. POSTAL FINANCE COMPANY OF CALIFORNIA, Jerome DeBose and Louise DeBose, Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided January 12, 1982.

Attorney(s) appearing for the Case

Michael E. Quinton, Asst. U.S. Atty., San Diego, Cal., for appellant-intervenor.

Davis Hatch, Paris & Paris, Santa Monica, Cal., for appellees.

Before GEORGE, ELLIOTT and VOLINN, Bankruptcy Judges.

OPINION

GEORGE, Bankruptcy Judge:

The appellant/intervenor appeals the March 19, 1981 memorandum decision of the trial court, which declared unconstitutional the retroactive application of 11 U.S.C. § 522(f).1

I. BACKGROUND

On October 26, 1978, the debtors executed and delivered to the appellee, Postal Finance Company of California ["Postal Finance"], a promissory note for $6,960.00 payable in monthly installments...

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