Legal Opinion

Rainier Equipment Finance, Inc. v. Taylor (In Re Taylor)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided May 11, 1987No. BAP No. MT 86-1837-AsJMe, Bankruptcy No. 285-00041PublishedCited by 13 opinions

1Opinion of the Court

OPINION

ASHLAND, Bankruptcy Judge:

Rainier Equipment Finance appeals from an order exempting debtors’ logging truck and trailer as property necessary to carry on a trade or profession [11 U.S.C. § 522(b), § 25-13-612 MCA] and avoiding its lien in the property. [11 U.S.C. § 522(f)(2)(B)],

We affirm.

FACTS

Before bankruptcy Paul David Taylor was a self employed logging contractor who operated a 1978 Kenworth log truck and a 1980 homemade trailer. In 1984 the equipment was pledged as security to Rainier Equipment Finance in the $120,000 refinancing of Taylor’s logging operations.

The Taylors filed a…

2Cases cited14 opinions

In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
In Re Commercial Western Finance Corporation, a California Corporation, Debtor. Bernard J. Brady and Paul L. Disderdick v. Paul B. Andrew, Trustee, Frank B. Amsbaugh v. Paul B. Andrew, Bailey Toplin, Parties-In-Interest v. Commercial Western Finance Corp., Debtor-Appellant. Raymond E. Brooks, Claimants-Appellants v. Paul B. Andrew, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1985
In Re Lamar Barclay Pine, Sr., and Shirlene Tucker Pine, Debtors. Melvin Giles and Wanda Giles, Debtors v. Credithrift of America, Inc.Court of Appeals for the Sixth Circuit · 1983
Sweeney v. Pacific Finance Co. (In Re Sweeney)United States Bankruptcy Court, E.D. Wisconsin · 1980
Dominion Bank of the Cumberlands, Na v. James R. Nuckolls Judy M. NuckollsCourt of Appeals for the Fourth Circuit · 1985

9 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

Harris v. Herman (In Re Herman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
Nazarene Federal Credit Union v. McNutt (In Re McNutt)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
In Re MutchlerUnited States Bankruptcy Court, D. Montana · 1989
In Re BulgerUnited States Bankruptcy Court, M.D. Alabama · 1988
In Re ChallinorUnited States Bankruptcy Court, D. Montana · 1987

8 more not listed; retrieve them via the Exa API.