IN RE SPRAGUE

Bankruptcy Nos. 5-82-00545, 5-82-00527 and 5-82-00591, Adv. Nos. 5-82-0695, 5-82-0696 and 5-82-0689.

29 B.R. 711 (1983)

In re Laura SPRAGUE, Debtor. Laura SPRAGUE, Plaintiff, v. LANDAUS OF PLYMOUTH, INC., Defendant. In re David D. TWARDOWSKI, Debtor. David D. TWARDOWSKI, Plaintiff, v. LANDAUS OF PLYMOUTH, INC., Defendant. In re John PRISTAS and Lois Pristas, Debtors. John PRISTAS and Lois Pristas, Plaintiffs, v. LANDAUS OF PLYMOUTH, INC., Defendant.

United States Bankruptcy Court, M.D. Pennsylvania.

May 10, 1983.


Attorney(s) appearing for the Case

Edward M. Pulaski, Wilkes-Barre, Pa., for debtors plaintiffs.

Louis Shaffer, Wilkes-Barre, Pa., for defendant.


OPINION

THOMAS C. GIBBONS, Bankruptcy Judge:

The issue presented in this case is whether a purchase money security interest in personalty loses its purchase money character upon the consolidation of the underlying indebtedness with that of a later purchase money security interest. A resolution of this issue will dictate whether the security interest is an avoidable lien under 11 U.S.C. § 522(f)(2) to the extent it impairs the debtors' bankruptcy exemptions...

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