Society National Bank of the Miami Valley v. Haynes (In re Haynes)

DECISION AND ORDER

CHARLES A. ANDERSON, Bankruptcy Judge.

This matter is before the Court upon “Complaint to Object to Debtors’ Avoidance of Lien” under 11 U.S.C. § 522(f). The Court tried the matter on 22 October 1981. The following decision is based upon the parties’ briefs and the record.

This case presents the question of the constitutionality of the retroactive application of 11 U.S.C. § 522(f) to judgment liens which first arose during the “gap” period between the enactment and effective date of the Bankruptcy Code.* This Court has earlier held that retrospective avoidance of pre-Code…