IN RE LUCERO

BAP No. NM-96-22, Bankruptcy No. 95-12788, Adv. No. 95-1250.

203 B.R. 322 (1996)

In re Jerry Nelson LUCERO, doing business as Affordable Bldg. & Landscaping Concepts; and Crystal Fields Lucero, also known as Crystal Fields, Debtors. Jerry N. LUCERO; Crystal F. Lucero; and Steve H. Mazer, Chapter 13 Trustee, Plaintiffs-Appellees, v. GREEN TREE FINANCIAL SERVICING CORP., Defendant-Appellant.

United States Bankruptcy Appellate Panel, Tenth Circuit.

December 23, 1996.


Attorney(s) appearing for the Case

Daniel E. Duncan, Duncan Law Offices, Albuquerque, NM, for Defendant-Appellant.

Michael K. Daniels, Albuquerque, NM, for Plaintiffs-Appellees.

Before BOHANON, PEARSON, and BOULDEN, Bankruptcy Judges.


OPINION

BOHANON, Bankruptcy Judge.

Green Tree Financial Servicing Corp. appeals the judgment of the United States Bankruptcy Court for the District of New Mexico that determined Steven H. Mazer, the Chapter 13 Trustee, could avoid its lien on a manufactured home. Because we conclude the bankruptcy court erred as a matter of law in holding that the trustee could avoid the properly perfected security interest in personal property, we reverse the judgment....

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