In Re Rice
United States Bankruptcy Court, D. Kansas
1Opinion of the Court
MEMORANDUM OF DECISION
JAMES A. PUSATERI, Bankruptcy Judge.
The debtors have exempted a 1955 Chevrolet one ton truck and seek to avoid a lien on the truck, asserting it is a tool of the trade.
The issue presented for determination is:
Can the debtors avoid the nonpossessory nonpurchase money lien on their 1955 Chevrolet truck.
Briefs have been submitted and the matter is ready to be resolved.
FINDINGS OF FACT
The debtor owns a 1955 Chevrolet one ton truck. The creditor has a nonpossessory nonpurchase money lien on the truck. The debtor uses the truck solely in connection with his house remodeling…
2Cases cited9 opinions
- Credithrift of America, Inc. v. Dubrock (In Re Dubrock)United States Bankruptcy Court, W.D. Kentucky · 1980
- Credithrift of America, Inc. v. Meyers (In Re Meyers)United States Bankruptcy Court, E.D. Michigan · 1980
- Dowd v. HeusonSupreme Court of Kansas · 1927
- Curry v. Dial Finance Corp. (In Re Curry)United States Bankruptcy Court, N.D. Georgia · 1982
- Hoxie State Bank v. VaughnSupreme Court of Kansas · 1933
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jerald James JOHNSTON, Debtor-Appellant, v. Gary BARNEY, Trustee-AppelleeCourt of Appeals for the Tenth Circuit · 1988
- In Re SpykstraUnited States Bankruptcy Court, D. Colorado · 1988
- In Re MontanoUnited States Bankruptcy Court, N.D. Illinois · 1989
- In re JohnsonDistrict Court, D. Minnesota · 1993
- In re BondankUnited States Bankruptcy Court, D. Kansas · 1991