IN RE TOFSTAD

Bankruptcy No. 3-81-01982, Adv. No. 82-7034.

19 B.R. 34 (1982)

In re Lyle Lavern TOFSTAD and Shelly Marie Tofstad, f/k/a Shelly Marie Rolf, Debtors. THORP CREDIT & THRIFT COMPANY, a Minnesota corporation, Plaintiff, v. Lyle Lavern TOFSTAD and Shelly Marie Tofstad, f/k/a Shelly Marie Rolf, Defendants.

United States Bankruptcy Court, D. North Dakota.

April 7, 1982.


Attorney(s) appearing for the Case

Robert D. Stroble, Thief River Falls, Minn., for plaintiff.

John Winters, Crookston, Minn., for defendants.


MEMORANDUM DECISION & ORDER

HAROLD O. BULLIS, Bankruptcy Judge.

The sole question for determination here is whether Debtors' pickup truck falls within the definition of implements or tools of the trade as used in § 522(f)(2)(B) of the Bankruptcy Reform Act, 11 U.S.C. § 522(f)(2)(B), so as to permit Debtors to avoid a non-possessory, non-purchase money security interest held by Plaintiff.

Plaintiff brought this action seeking relief...

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