MATTER OF WIEGERT

Bankruptcy No. BK90-40260.

145 B.R. 621 (1991)

In the Matter of Harold & Barbara WIEGERT, Debtors.

United States Bankruptcy Court, D. Nebraska.

June 21, 1991.


Attorney(s) appearing for the Case

Vincent Powers, Lincoln, Neb., for debtors.

John C. Hahn, Lincoln, Neb., for Lincoln Office Equipment.

Bradley Buethe, Lincoln, Neb., for Sears, Roebuck & Co.

Kathleen Laughlin, Omaha, Neb., Chapter 13 Standing Trustee.


MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

The issues before the court are whether a lien held by Sears, Roebuck and Company is secured or unsecured and whether the lien may be avoided under 11 U.S.C. § 522(f) as a non-purchase money, non-possessory security interest in exempt property. I conclude that Sears' lien is secured and that the lien may not be avoided. Sears has successfully developed a structure for its consumer financing which preserves...

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