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IN RE KINDERKNECHT

BAP No. KS-03-085, Bankruptcy No. 02-20733-7, Adversary No. 02-6049.

308 B.R. 71 (2004)

In re Terrance Joseph KINDERKNECHT, doing business as Smoky Hill Farms, LLC., Debtor. Carl R. Clark, Trustee, Plaintiff-Appellant, v. Deere and Company, and Deere Credit Services, Inc., Defendants-Appellees, Terrance Joseph Kinderknecht, Appellee. Ron Thornburgh, Secretary of State of Kansas, Amicus Curiae.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

April 16, 2004.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Carl R. Clark and Jeffrey A. Deines of Lentz & Clark, Overland Park, Kansas, for the Plaintiff-Appellant.

Bruce J. Clark and Anne L. Baker of Wright, Henson, Somers, Clark & Baker, LLP, Topeka, Kansas, for Defendants-Appellees.

John K. Pearson and J. Scott Pohl of Hinkle Elkouri Law Firm, LLC, Wichita, Kansas, and Melissa A. Wangemann, Legal Counsel and Deputy Assistant Secretary of State, Topeka, Kansas, for Amicus Curiae.

Before BOHANON, McNIFF, and THURMAN, Bankruptcy Judges.

OPINION

THURMAN, Bankruptcy Judge.

The Chapter 7 trustee timely appeals a final Judgment of the United States Bankruptcy Court for the District of Kansas in favor of Deere and Company and Deere Credit Services, Inc. (collectively, "Deere"), refusing to avoid Deere's interests in the debtor's property pursuant to 11 U.S.C. § 544(a)(1).1 The parties have consented to this Court's jurisdiction because they have not elected...

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