IN RE McCOY

No. 79-1216.

643 F.2d 684 (1981)

In re Theodore Ted McCOY and Carolyn Brown McCoy, Bankrupts, Mickey D. WILSON, Trustee, Plaintiff-Appellant, v. GENERAL MOTORS ACCEPTANCE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided March 3, 1981.

Rehearing Denied April 3, 1981.


Attorney(s) appearing for the Case

Mickey D. Wilson, Tulsa, Okl., for plaintiff-appellant.

William C. Kellough of Blackstock, Joyce, Pollard, Blackstock & Montgomery, Tulsa, Okl., for defendant-appellee.

Before DOYLE, LOGAN, and SEYMOUR, Circuit Judges.


SEYMOUR, Circuit Judge.

The bankruptcy trustee has appealed a district court judgment declaring bankrupt McCoy's 1977 Cadillac automobile exempt from bankruptcy administration. The dispositive issue below and in this appeal is whether the exemption granted under Oklahoma statute extends to the bankrupt's equity interest in the automobile, or to the vehicle itself. The bankruptcy court held that the exemption applies to the equity interest. The district court reversed...

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