In Re Davis

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 Code 1 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 date of the' Code. 2 Under the particular facts of this case, the Court determines that the lien cannot be avoided.

FACTS

The facts of this case are substantially…