Havas Leasing Co. v. Breen (In Re Breen)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
ASHLAND, Bankruptcy Judge:
Havas Leasing Company (Havas) appeals from the court’s order avoiding Havas’ lien on the debtors’ pick-up truck, on the basis that the lien was a nonpossessory, nonpur-chase-money security interest in tools of the trade of the debtor and that the lien impaired an exemption to which the debtors would have been entitled under § 522(b). We affirm.
FACTS
On February 13,1989 Havas and Charles Breen (Breen) entered into a restaurant equipment lease. The total cost of the leased equipment was $6,125. The lease had a 36-month term and the monthly payment was $257.08…
2Cases cited8 opinions
- Credithrift of America, Inc. v. Meyers (In Re Meyers)United States Bankruptcy Court, E.D. Michigan · 1980
- Bank of Edgar v. Nowak (In Re Bankruptcy of Nowak)District Court, W.D. Wisconsin · 1984
- In Re HarrellUnited States Bankruptcy Court, N.D. Alabama · 1987
- Steele v. United National Bank, Sioux Falls, South Dakota (In Re Steele)United States Bankruptcy Court, D. South Dakota · 1980
- Kreig v. FellowsNevada Supreme Court · 1892
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3Cited by12 opinions
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- In re: Steven John Wharton and Josephina Jessie WhartonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
- Crosby v. Reed (In Re Crosby)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
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