Kuhnel v. Russell (In Re Kuhnel)

MICHAEL, Bankruptcy Judge,

Dissenting.

I respectfully dissent. The majority opinion appears to be based upon the following conclusions: (1) application of the ruling of the United States Court of Appeals for the Tenth Circuit in In re Duncan to the facts at bar is inappropriate; (2) the fact that Toyota voluntarily released its lien defeats the automatic lien preservation provisions of § 551; and (3) in order to preserve any claim she might have had to the vehicle, the trustee was required to file an objection to the Debtors’ claim of exemption within 30 days of the first meeting of creditors…