Corden v. Dial Finance Co. (In Re Corden)

MEMORANDUM DECISION

GEORGE L. PROCTOR, Bankruptcy Judge.

Facts

A complaint to avoid a lien under 11 U.S.C. § 522(f) was filed by this Chapter 13 debtor. The debtor contends that the defendant holds a non-possessory, non-purchase money security interest in his household and personal goods which impairs property exempt under state law. The Court pauses to observe that Florida has opted out of the Federal exemptions as permitted in 11 U.S.C. § 522(b), and the debtor’s claim to exemptions is governed exclusively by the laws of this state. 1 The defendant moves to dismiss arguing that § 522(f) is not…