IN RE LEONARD

No. 87-1508.

866 F.2d 335 (1989)

In re Richard James LEONARD, Wanda Eileen Leonard, and Margaret Marie Weiss, Debtors. AETNA FINANCE COMPANY, Creditor-Appellant, v. Richard James LEONARD, Wanda Eileen Leonard, and Margaret Marie Weiss, Debtors-Appellees.

United States Court of Appeals, Tenth Circuit.

January 24, 1989.


Attorney(s) appearing for the Case

Richard D. Torpy of Richard D. Torpy & Associates, Englewood, Colo., for creditor-appellant.

Bryan A. Nix, Denver, Colo., for debtor-appellee Margaret Marie Weiss.

Before ANDERSON, SETH, and BRORBY, Circuit Judges.


BRORBY, Circuit Judge.

Two bankruptcy cases, both arising in Colorado and both involving basically the same factual and legal issues and the same creditor (Appellant), have been consolidated for appeal. The sole question presented is whether debtors (Appellees) in bankruptcy, whose property exemptions are defined by Colorado law, may use the lien avoidance provision of the Bankruptcy Code, 11 U.S.C. § 522(f) (1979).

Both cases present essentially the...

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