IN RE ALLOWAY

Bankruptcy No. 682-07557, Adv. No. 682-7242.

34 B.R. 423 (1983)

In re Donald Allen ALLOWAY and Teresa Marie Alloway, FDBA The Dirt Doctor, Debtors. Donald Allen ALLOWAY and Teresa Marie Alloway, FDBA The Dirt Doctor, Plaintiffs, v. OREGON BANK, Defendants.

United States Bankruptcy Court, D. Oregon.

August 30, 1983.


Attorney(s) appearing for the Case

Barry Taub, Eugene, Or., for plaintiffs.

James P. Laurick, Portland, Or., for defendants.


MEMORANDUM OPINION

C.E. LUCKEY, Bankruptcy Judge.

Plaintiff-debtors Donald and Teresa Alloway have filed this adversary proceeding to avoid a non-purchase money lien held by defendant Oregon Bank (Bank) on a 1966 Dodge dump truck, which the debtors claim is avoidable under 11 U.S.C. Section 522(f)(2)(B) as an exempt "tool of trade."

The debtors have claimed the vehicle as exempt to the value of $1,200.00 each in their joint Schedule B-4 filed with...

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