IN RE BREEN

BAP No. NV 89-2175-ASPO, Bankruptcy No. BK-N 89-01042 JHT.

123 B.R. 357 (1991)

In re Charles Wayne BREEN and Sally Jane Breen, Debtors. HAVAS LEASING COMPANY, Appellant, v. Charles Wayne BREEN, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided February 11, 1991.


Attorney(s) appearing for the Case

Michael Lehners, Reno, Nev., for appellant.

Joseph Dita, Reno, Nev., for appellee.

Before ASHLAND, PERRIS and OLLASON, Bankruptcy Judges.


OPINION

ASHLAND, Bankruptcy Judge:

Havas Leasing Company (Havas) appeals from the court's order avoiding Havas' lien on the debtors' pick-up truck, on the basis that the lien was a nonpossessory, nonpurchase-money security interest in tools of the trade of the debtor and that the lien impaired an exemption to which the debtors would have been entitled under § 522(b). We affirm.

FACTS

On February 13, 1989 Havas and Charles Breen (Breen...

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