Brence v. Credithrift of America, Inc. (In Re Brence)

MEMORANDUM OPINION

C.E. LUCKEY, Bankruptcy Judge.

Plaintiff-debtors seek avoidance of a non-purchase money lien on exempt household goods under the provisions of 11 U.S.C. § 522(f).

Defendant contends that avoidance of the lien would constitute an unconstitutional deprivation of defendant’s property rights in violation of the Fifth Amendment of the Constitution of the United States, and that the plaintiffs should be barred from seeking the relief because their complaint in the proceeding was not filed until after the entry of their discharges, at which time there could be no approved…