IN RE GROVES

Nos. 81-1436 to 81-1439.

707 F.2d 451 (1983)

In re Garry GROVES and Virginia Groves, Debtors. UNITED STATES of America, Appellant, v. HOUSEHOLD FINANCE COMPANY, Appellee. In re Thomas (NMN) LOTT, Debtor. UNITED STATES of America, Appellant, v. GENERAL FINANCE CORPORATION, Appellee. In re Lawrence ARCHULETA and Shirley Archuleta, Debtors. UNITED STATES of America, Appellant, v. C.I.T. FINANCIAL SERVICES, INC., Appellee. In re Henry Alfred RAYMOND, II, and Nancy Elizabeth Raymond, Debtors. UNITED STATES of America, Appellant, v. HOUSEHOLD FINANCE COMPANY, Appellee.

United States Court of Appeals, Tenth Circuit.

May 16, 1983.


Attorney(s) appearing for the Case

Donald McCartney, Dept. of Justice, Washington, D.C. (Richard L. Levine, Director and Counsel, and Barbara G. O'Connor, Atty.-Advisor, Executive Office for U.S. Trustees, Dept. of Justice, Washington, D.C., on brief), for appellant, U.S.

Tuck Young, Young, Drummond & Dougherty, P.C., Pueblo, Colo., for appellee, Household Finance Co.

Thomas E. Merrigan, Neville & Merrigan, P.C., Boulder, Colo., for appellee, Gen. Finance Corp.

Before McWILLIAMS, BARRETT and DOYLE, Circuit Judges.


McWILLIAMS, Circuit Judge.

These consolidated cases concern the effect of 11 U.S.C. § 522(f)(2), which permits individual debtors in bankruptcy proceedings to avoid nonpossessory, nonpurchase-money liens on certain property. The issue in each case is whether section 522(f)(2) may be applied to so-called "gap period" liens, i.e., liens created after the enactment but before the effective date of the Bankruptcy Reform Act of 1978 (Act).1

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