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IN RE DAVIS

Bankruptcy No. 592-50393.

148 B.R. 473 (1992)

In re Noel Duane DAVIS and Jane Davis, Debtors.

United States Bankruptcy Court, N.D. Texas, Lubbock Division.

December 24, 1992.

Attorney(s) appearing for the Case

Robert B. Wilson, Sims, Kidd, Hubbert & Wilson, Lubbock, TX, for debtors.

Mr. E. Scott Frost, Asst. U.S. Atty., U.S. Dept. of Justice, Lubbock, TX, for FmHA.

MEMORANDUM OF OPINION ON LIEN AVOIDANCE

JOHN C. AKARD, Bankruptcy Judge.

The question presented in this case is whether a nonpossessory, nonpurchase-money security interest in farm equipment may be avoided by the Debtors under § 522(f)(2)(B) of the Bankruptcy Code1 where the security interest was originally created and properly perfected prior to the Code's enactment date but where the debt was rescheduled after the effective...

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