Ashworth v. McMahan's Furniture (In Re Ashworth)

MEMORANDUM OF DECISION

(Complaint to Avoid Lien)

CALVIN K. ASHLAND, Bankruptcy Judge.

This adversary proceeding was brought to avoid a nonpossessory, nonpurchase-money security interest in household and personal goods pursuant to 11 U.S.C. § 522(f). The lien impairs exemptions to which the debtors are entitled under § 522(f).

The plaintiffs and debtors Lonzo and Sybil Ashworth made various purchases from time to time and executed five security agreements with defendant McMahan’s Furniture. Only Sybil Ashworth executed the first two (Exhibits 1 and 2). Both debtors executed the next three…