Curry v. Dial Finance Corp. (In Re Curry)

MEMORANDUM OF OPINION

A. D. KAHN, Bankruptcy Judge.

The question presented was whether the creditor’s lien on a 1970 Ford pickup truck owned by the debtor could be avoided pursuant to 11 U.S.C. § 522(f)(2). A hearing was held on January 20, 1982, and the parties subsequently submitted letter briefs. The court hereby makes the following findings of fact and conclusions of law.

The debtor is a tile setter and works as a subcontractor. He uses the pickup, now valued at approximately $800.00, to haul tools and materials to job sites. He testified that he would have no job or trade without the truck.…