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MATTER OF SPURLOCK

Civ. A. No. 2:85-0826, 2:85-0827.

72 B.R. 392 (1987)

In the Matter of David Lee SPURLOCK and Sandra June Spurlock, a/k/a Sandra June Hale a/k/a Sandra June Bannock a/k/a Sandra June Honaker. and In re Danny Keith McKINNEY and Jane Ellen McKinney.

United States District Court, S.D. West Virginia, Charleston Division.

April 13, 1987.

Attorney(s) appearing for the Case

Kirk L. Frankel, Huntington, W.Va., for Spurlock and McKinney.

J.W. Bonie, Weirton, W.Va., for Credithrift of America, Inc.

ORDER

HADEN, Chief Judge.

These matters are pending before this Court on appeal of a common issue from Bankruptcy Court. The issue in each case is whether property claimed as exempt pursuant to W.Va.Code, § 38-10-4 is also property which can be subject to the lien avoidance provision of 11 U.S.C. § 522(f). The within cases each involve orders of the Bankruptcy Court permitting debtors to avoid nonpossessory, nonpurchase money liens which...

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