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IN RE HABERMAN

No. 06-3324.

516 F.3d 1207 (2008)

In re Christopher Lee HABERMAN, also known as Chris L. Haberman; Catherine May Haberman, also known as Cathie M. Haberman, also known as Cathie M. Tucker, Debtors. J. Michael Morris, Trustee, Plaintiff-Appellant, v. St. John National Bank, Defendant-Appellee, Christopher. Lee Haberman and Catherine May Haberman, Defendants.

United States Court of Appeals, Tenth Circuit.

February 22, 2008.

Attorney(s) appearing for the Case

J. Michael Morris of Klenda, Mitchell, Austerman & Zuercher, L.L.C., Wichita, Kansas, for Plaintiff-Appellant.*

Before O'BRIEN, Circuit Judge, BRORBY, Senior Circuit Judge, and GORSUCH, Circuit Judge.

GORSUCH, Circuit Judge.

At one level, this is a dispute over loan payments secured by a nearly 30 year old Pontiac Trans Am. At another level, this case tests the limits of a bankruptcy trustee's statutory power to displace existing lienholders. Agreeing with the Bankruptcy Appellate Panel of the Tenth Circuit ("BAP"), we hold that a bankruptcy trustee who successfully avoids a lien pursuant to 11 U.S.C. §§ 544 and 551 preserves for the bankruptcy estate...

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