Falck v. Household Finance Corp. (In Re Flack)

OPINION

JAMES R. DOOLEY, Bankruptcy Judge.

The controlling legal issue in this case is whether 11 U.S.C. § 522(f)(2)(A) allows a debtor, who elects exemptions under California law, to avoid a nonpossessory, non-purchase-money security interest in household furnishings, goods, and appliances. However, the issue arises in the context of a debtor husband who claimed the Federal exemptions and a debtor wife who claimed the California exemptions, and a factual dispute as to the value of certain household furnishings, goods, and appliances.

FACTS

On or about September 13, 1979, the defendant, Household…