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IN RE RICE

Bankruptcy No. 82-40478.

35 B.R. 431 (1982)

In re Norman Francis RICE, Justine Regina Rice d/b/a Rice's Remodeling, Debtors.

United States Bankruptcy Court, D. Kansas.

August 17, 1982.

Attorney(s) appearing for the Case

M.W. Farmer, Topeka, Kan., for debtors.

Dale L. Somers of Eidson, Lewis, Porter & Haynes, Topeka, Kan., for creditor, Kaw Valley State Bank & Trust Co.

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

The debtors have exempted a 1955 Chevrolet one ton truck and seek to avoid a lien on the truck, asserting it is a tool of the trade.

The issue presented for determination is:

Can the debtors avoid the nonpossessory nonpurchase money lien on their 1955 Chevrolet truck.

Briefs have been submitted and the matter is ready to be resolved.

FINDINGS OF FACT

The...

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