Booker v. Commercial Credit Corp. (In Re Booker)

COMPLAINT TO AVOID LIEN FINDINGS OF FACT AND CONCLUSIONS OF LAW

ALGIE M. MOSELEY, Jr., Bankruptcy Judge.

The question for decision is whether or not a lien arising from a security interest can be avoided under 11 U.S.C. § 522(f). If it is a purchase money security interest, the lien may not be avoided. If it is a nonpur-chase money security interest, the lien may be avoided. Herein, the security interest is a nonpurchase money security interest, and, consequently, the lien may be avoided.

FINDINGS OF FACT

On September 28, 1978, the Plaintiffs were indebted to Defendant in the sum of $2,180.09…