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IN RE ELLIOTT

BAP No. 97-8050.

214 B.R. 148 (1997)

In re Donald and Hazel ELLIOTT, Debtors. NATIONAL CITY BANK, Plaintiff-Appellant, v. Donald and Hazel ELLIOTT, Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided November 12, 1997.

Attorney(s) appearing for the Case

James E. Nobile, Weltman, Weinberg & Reis Co., L.P.A., Columbus, OH, argued on brief for Appellant.

Scott A. Mittman, Lee C. Mittman & Associates, Columbus, OH, argued on brief for Appellees.

Before: BAXTER, LUNDIN, and RHODES, Bankruptcy Appellate Panel Judges.

OPINION

National City Bank appeals an order of the bankruptcy court denying its motion for relief from the automatic stay with respect to a 1989 Chevrolet Blazer. The bankruptcy court determined that the Elliotts retained the right to redeem the Blazer after it had been repossessed. A Chapter 13 debtor's right to redeem a vehicle under section 1309.49 of the Ohio Revised Code constitutes a sufficient equitable interest to cause the vehicle to be property of the...

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