In Re Andrew S. Bland and Sonia J. Bland, Debtors. Finance One v. Andrew S. Bland and Sonia J. Bland

I concur in the opinion prepared by Judge Kravitch which has attracted the approval of the full court. I do so with some reservations, however, that I feel appropriate to express.

The court’s opinion pretermits a perceived question of whether or not a state may “override the provisions of section 522(f).” Ante, maj. op. at 1176. I doubt that any such issue ever could be presented in a case of this sort. The congressional scheme is forthright and clear. The federal lien avoidance provision allows a debtor in bankruptcy to avoid the fixing of certain specified liens only “to the extent that such…