In Re Bandy

Good Law
1986 Bankr. LEXIS 5831·62 B.R. 437
United States Bankruptcy Court, Eastern District of CaliforniaJune 19, 198612-00203California793 words

Opinion

Opinion

Dahl, J.

MEMORANDUM OPINION AND DECISION

FACTS

On April 15, 1985, prior to filing bankruptcy, Dewey W. and Stephanie A. Bandy borrowed $2,103.71 from Aetna Finance Company (Aetna). As security for the loan, Aetna took a nonpurchase money security interest in the following items:

On October 18, 1985, the Bandys filed a. joint chapter petition. The debtors listed Aetna on their schedule A-2 as the holder of a claim in the amount of $1,989 secured by household goods. On schedule B-4, the debtors listed household goods and wearing apparel with a value of $6,000 as exempt. The debtors also listed $1,000 in video equipment used as a tool of the trade and $1,000 in jewelry as exempt.

On January 23, 1986, the debtors filed a motion to avoid Aetna’s lien pursuant to 11 U.S.C. § 522 (f)(2). Aetna objects to the motion and primarily argues that the items encumbered by its security interest are not household goods nor furnishings as defined by § 522(f)(2)(A). Aetna continues that, as such, the debtors cannot avoid the lien.

The debtor’s motion was argued orally on June 9, 1986 and submitted to the court on the briefs, declarations, and oral argument of the parties.

DISCUSSION

11 U.S.C. § 522…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.