IN RE CERASOLI

Bankruptcy No. 5-80-00447, Adv. No. 5-81-0070.

27 B.R. 51 (1983)

In re Fernando CERASOLI & Sharon A. Cerasoli, Debtors. Fernando CERASOLI & Sharon A. Cerasoli, Plaintiffs, v. FIRST NATIONAL BANK OF BERWICK & Domestic Sales & Service Company, Defendants.

United States Bankruptcy Court, M.D. Pennsylvania.

January 18, 1983.


Attorney(s) appearing for the Case

John H. Doran, Wilkes-Barre, Pa., for plaintiffs.

Robert E. Bull, Berwick, Pa., for defendants.


OPINION

THOMAS C. GIBBONS, Bankruptcy Judge:

The issue presented in this case is whether a security agreement executed several months after the sale of numerous pieces of home furniture created a purchase money security that cannot be avoided under 11 U.S.C. § 522(f)(2)(A). For the reasons stated herein, we find that the document created an unavoidable purchase money security interest.

The facts are as follows. A fire at the debtors' residence...

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