In Re Nash

MEMORANDUM OF OPINION ON DEBTORS’ MOTION TO AVOID LIENS

JOHN C. AKARD, Bankruptcy Judge.

The question presented in this case is whether valid, nonpurchase-money, nonpos-sessory liens on farm equipment may be avoided under § 522(f)(2)(B) of the Bankruptcy Code where such equipment was claimed as exempt under Texas law. 1 If the United States Supreme Court opinion of Owen v. Owen, — U.S. -, 111 S.Ct. 1833, 114 L.Ed.2d 350 (1991) is applied retroactively, if the farm equipment is exempt under Texas law, and if the equipment is considered “tools of the trade” 2 under the federal lien avoidance…