Scholarly Articles and Other Contributions
 

Document Type

Article

Publication Date

1991

Abstract

This article reviews the conflict as it has taken form in the courts of appeal of several circuits. The first section of the article briefly discusses the legislative history of section 522, and the purpose of Congress in providing the debtor with both exemptions and lien avoidance powers under the Code. It next reviews the decisions of courts of appeal that have interpreted the extent of the "opt~out" powers granted to the states under section 522(b). The third and final section analyzes the two views on the question, and concludes that the better interpretation is that the states are not permitted to opt out of the lien avoidance provision of section 522(f) and are only permitted to opt out of the federal exemptions under section 522(d).

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