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IN RE SPEARS

No. 83-3807.

744 F.2d 1225 (1984)

In re David Alan SPEARS; Nellie Catherine Spears; a/k/a Kitty Spears, a/k/a Catherine Spears, Debtors. David Alan SPEARS; Nellie Catherine Spears, a/k/a Kitty Spears, a/k/a Catherine Spears, Debtors-Appellees, v. THORP CREDIT, INC., OF OHIO, Creditor-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 26, 1984.

Attorney(s) appearing for the Case

D.L. Mains, Jr., Columbus, Ohio, E. Bruce Hadden, argued, Worthington, Ohio, for creditor-appellant.

Ric Daniell, Columbus, Ohio, for debtors-appellees.

Before ENGEL and KENNEDY, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

PER CURIAM.

Thorp Credit Inc., of Ohio (Thorp) appeals from the judgment entered by the Bankruptcy Court granting the motion of the debtors David Alan Spears and Nellie Catherine Spears to avoid the lien on their household goods held by Thorp.

This Court has held in In re Pine, 717 F.2d 281, 284 (6th Cir.1983), cert. denied, ___ U.S. ___, 104 S.Ct. 1711, 80 L.Ed.2d 183 (1984), that when a state has opted out...

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