Ferguson v. First National Bank of Pennsylvania (In re Ferguson)

MEMORANDUM IN SUPPORT OF ORDERS ON CONSTITUTIONAL ASPECTS AND VALIDITY OF SECTION 522(f) OF THE REVISED BANKRUPTCY CODE PROVIDING FOR THE AVOIDANCE OF LIENS TO THE EXTENT THEY IMPAIR EXEMPTION RIGHTS PROVIDED IN SAID CODE

WILLIAM B. WASHABAUGH, Jr., Bankruptcy Judge.

We have arrived at the conclusions hereinafter set forth in respect to the operation and constitutionality of Section 522(f) of the Bankruptcy Code of 1978 providing for the avoidance of judicial and other liens to the extent they impair the exemption rights of debtors under Section 522(b) and (d) of said Code. In view of the…