Pillow v. Avco Financial Services (In Re Pillow)

OPINION AND ORDER

RALPH R. MABEY, Bankruptcy Judge.

INTRODUCTION

These cases are consolidated to determine whether the lien avoidance provisions of 11 U.S.C. Section 522(f)(2), 1 if applicable to security interests created before enactment of the Code, 2 are constitutionally infirm.

Debtors have filed complaints under Section 522(f) to avoid liens on personal property. Avco Financial Services (hereinafter called Avco) has moved, in essence, for dismissal of these complaints, arguing that either Section 522(f) cannot be construed to reach liens which predate enactment of the Code, or it violates…