Legal Opinion

Johnson v. Border State Bank (In Re Johnson)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided February 24, 1999No. BAP 98-6097MNPublishedCited by 18 opinions

1Opinion of the Court

ROGER, Chief Judge.

Debtor Lyle Bruce Johnson appeals the Order of the Bankruptcy Court 1 denying his motion to avoid the lien held by Border State Bank on various items of farm equipment pursuant to 11 U.S.C. § 522(f)(l)(B)(ii).

We have jurisdiction to hear this appeal pursuant to 28 U.S.C. § 158(b) and (c).

Johnson filed his Petition for Relief under Chapter 7 of the Bankruptcy Code on June 25, 1998. He filed a motion to avoid Border State Bank’s lien against several items of property which he asserted were implements or tools of his trade as a farmer under § 522(f)(l)(B)(ii). Border State…

2Cases cited5 opinions

  1. First National Bank of Olathe, Kansas v. Thomas M. Pontow Ann M. PontowCourt of Appeals for the First Circuit · 1997
  2. Thorp Credit & Thrift Co. v. Pommerer (In Re Pommerer)United States Bankruptcy Court, D. Minnesota · 1981
  3. Chamberlain v. Kula (In Re Kula)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
  4. In re RobinsonDistrict Court, D. Idaho · 1913
  5. South Atlantic Production Credit Ass'n v. Jones (In Re Jones)United States Bankruptcy Court, M.D. Georgia · 1988

3Cited by18 opinions

  1. Andresen v. Nebraska Student Loan Program, Inc. (In Re Andresen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
  2. Wendover Financial Services v. Hervey (In Re Hervey)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
  3. Cline v. Illinois Student Loan Assistance Ass'n (In Re Cline)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
  4. Schroeder v. Rouse (In Re Redding)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
  5. In Re LarsonUnited States Bankruptcy Court, D. Colorado · 2001

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