IN RE HEAPE

No. 88-1739.

886 F.2d 280 (1989)

In re Curtis Neal HEAPE and Billie Jean Heape, Debtors. Curtis Neal HEAPE and Billie Jean Heape, Debtors-Appellants, v. CITADEL BANK OF INDEPENDENCE, Appellee.

United States Court of Appeals, Tenth Circuit.

September 22, 1989.


Attorney(s) appearing for the Case

Donald B. Clark, Wichita, Kan., for debtors-appellants.

James R. Gilhousen of Crockett, Keeley & Gilhousen, Wichita, Kan., for appellee.

Anne L. Baker of Eidson, Lewis, Porter & Haynes, Topeka, Kan., filed an amicus brief for the Kansas Bankers Ass'n.

Before LOGAN, SEYMOUR and BALDOCK, Circuit Judges.


PER CURIAM.

The issue on appeal in this case is whether the bankruptcy debtors' breeding livestock, exempt from the bankruptcy estate by virtue of state statute, is also protected by the lien avoidance provisions of 11 U.S.C. § 522(f)(2)(B) (1982) as a "tool of the trade." We conclude that § 522(f) permits the lien on this debtor's breeding stock to be avoided to the $5000 limit of the state exemption.1

Debtors in bankruptcy...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases