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IN RE CARNES

Bankruptcy No. Bk-80-00610, Adv. No. 80-0220.

8 B.R. 599 (1981)

In re Marvin Theodore CARNES aka Marvin T. Carnes and Patsy Pearl Carnes aka Pat Carnes dba Crescent Built Trailers, Debtors. CASHION COMMUNITY BANK OF CASHION, OKLAHOMA, Plaintiff, v. Marvin Theodore CARNES and Patsy Pearl Carnes, Defendants.

United States Bankruptcy Court, W.D. Oklahoma.

January 30, 1981.

Attorney(s) appearing for the Case

Jeff L. Hirzel, Guthrie, Okl., for plaintiff.

Harold Logsdon, Kingfisher, Okl., for debtors.

MEMORANDUM ORDER

DAVID KLINE, Bankruptcy Judge.

STATEMENT

The plaintiff, Cashion Community Bank of Cashion, Oklahoma, represented by Jeff L. Hirzel brought this action to gain possession of certain "tools of the trade" which debtors Marvin Theodore and Patsy Pearl Carnes, represented by Harold Logsdon, have claimed as exempt and seek to retain under Code § 522(f).

ISSUE

Can a non-possessory and non-purchase money security...

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