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IN RE BEEMAN

No. 98-23158-7-JTF.

268 B.R. 268 (2001)

In re Randall Ray BEEMAN, Debtor.

United States Bankruptcy Court, D. Kansas.

February 21, 2001.

Attorney(s) appearing for the Case

John J. Cruciani, Lentz & Clark, P.A., Overland Park, KS, for debtor.

Bret A. Heim, Immel, Immel & Works, P.A., Iola, KS, for creditor.

MEMORANDUM OPINION1

JOHN T. FLANNAGAN, Bankruptcy Judge.

This dispute calls for the court to decide whether under § 522(f) a lien is nonpossessory and avoidable or whether it is possessory and nonavoidable. The court holds that the lien here is possessory and nonavoidable because § 349(b) leads to that conclusion and because the parties agreed that the lien's possessory...

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