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IN RE OSZAJCA

BAP No. 96-50006, Bankruptcy No. 95-10300 (FGC), Adv. No. 95-1079.

207 B.R. 41 (1997)

In re Beverly OSZAJCA, Debtor. SEARS, ROEBUCK & CO., Appellant, v. Beverly OSZAJCA, Appellee.

United States Bankruptcy Appellate Panel of the Second Circuit.

Decided April 9, 1997.

OPINION

LIFLAND, Chief Judge:

Sears, Roebuck & Co. ("Sears") appeals from an order of the bankruptcy court finding that, under Vermont law, the retention of a purchase money security interest in connection with a retail charge agreement is prohibited.

BACKGROUND

Prior to the filing of her bankruptcy petition, Beverly Oszajca (the "Debtor") entered into a SearsCharge Agreement (the "Agreement") with Sears1

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