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MATTER OF CLIFTON

Bankruptcy No. 82-01665, Adv. No. 82-0754-TS.

35 B.R. 785 (1983)

In the Matter of Lonnie L. CLIFTON and Janice Clifton, Debtors. Lonnie L. CLIFTON and Janice Clifton, Plaintiffs, v. Mary & Joseph TAVARES, National Budgeting Co., Garden Budgeting Corp., Sam Zimmerman, and Bamberger's/Macy, Inc., Defendants.

United States Bankruptcy Court, D. New Jersey.

October 6, 1983.

Attorney(s) appearing for the Case

Welton C. Johnson, Red Bank, N.J. for debtors.

Sol Rosenberg, P.A. by Arthur J. Raimon, Clifton, N.J., for defendants, National Budgeting Co. and Garden Budgeting Corp.

OPINION

AMEL STARK, Bankruptcy Judge:

The debtors, Lonnie L. Clifton and Janice Clifton, have filed a complaint under 11 U.S.C. § 522(f)(1) to avoid judicial liens placed on their family residence by five creditors from December 1975 to March 1978. Two of the defendants contend that section 522(f) effects an unconstitutional taking of property without just compensation. In view of the recent decision of the United States Court of Appeals for the Third...

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