In re Gifford

I disagree with the opinion of the majority. In my judgment Congress intended Section 522(f)(2) to be applied “retroactively” and such application will not violate the Fifth Amendment prohibition against taking private property for public use without just compensation. Because the Congressional intent concerning the application of Section 522(f)(2) is so clear, the majority has done a disservice by failing to resolve directly the harder issue of whether that provision involves an uncompensated taking. Instead, the majority’s opinion deter*475mines only the diluted issue of “whether retroactive…