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IN RE RICK'S AUTO OUTLET OF MONTICELLO, LLC

No. 05-6003E A.

327 B.R. 650 (2005)

In re RICK'S AUTO OUTLET OF MONTICELLO, LLC, Debtor. Renee Williams, Plaintiff — Appellant. v. Wells Fargo Financial Mississippi 2, Inc. and Joseph Pieroni, Defendants — Appellees.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Filed: July 21, 2005.

Attorney(s) appearing for the Case

Thomas S. Streetman, Crossett, Arkansas, for appellant.

Christian W. Frank, Little Rock, Arkansas, for appellee.

Before SCHERMER, FEDERMAN, and MAHONEY, Bankruptcy Judges.

MAHONEY, Bankruptcy Judge.

This is an appeal from an order of the bankruptcy court of February 9, 2005, denying the Chapter 7 trustee's complaint to avoid a lien on real property. For the reasons stated below, we reverse.

Background

The debtor, Rick's Auto Outlet of Monticello, Arkansas (the LLC), owned real property in Monticello, Arkansas. A married couple, who were members of the LLC, subsequently executed a deed of trust on property they...

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