Nazarene Federal Credit Union v. McNutt (In Re McNutt)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
VOLINN, Bankruptcy Judge:
This is an appeal of an order granting debtor’s motion to avoid a nonpossessory, nonpurchase-money security interest in property claimed as exempt, pursuant to 11 U.S.C. § 522(f)(2)(B). The exemption enabling debtor to avoid the lien was for a pickup truck claimed as a “tool of the trade” pursuant to 11 U.S.C. § 522(d)(6). The extent to which the lien could be avoided was increased by utilization of the “wild card” exemption of 11 U.S.C. § 522(d)(5).
FACTS
Debtors and appellees David McNutt d/b/a Dave’s Drywall and Carrie McNutt (McNutts) borrowed money from the…
2Cases cited28 opinions
- In the Matter of Ronald and Marjorie Patterson, Debtors. Appeal of Abbotsford State BankCourt of Appeals for the Seventh Circuit · 1987
- Sweeney v. Pacific Finance Co. (In Re Sweeney)United States Bankruptcy Court, E.D. Wisconsin · 1980
- Peter C. Augustine and Nancy L. Augustine v. United States of America, United States Department of Agriculture, Farmers Home AdministrationCourt of Appeals for the Third Circuit · 1982
- Credithrift of America, Inc. v. Dubrock (In Re Dubrock)United States Bankruptcy Court, W.D. Kentucky · 1980
- Credithrift of America, Inc. v. Meyers (In Re Meyers)United States Bankruptcy Court, E.D. Michigan · 1980
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3Cited by21 opinions
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- In Re NipperUnited States Bankruptcy Court, E.D. Tennessee · 1999
- In Re GraettingerUnited States Bankruptcy Court, N.D. Iowa · 1988
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