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IN RE TROUT

Nos. 09-1332, 09-1334.

609 F.3d 1106 (2010)

In re James Richard TROUT and Jennifer Dagmar Trout, fka Jennifer Dagmar Sommer, Debtors. Simon E. Rodriguez, Trustee Plaintiff-Appellant, v. Drive Financial Services, L.P., Defendant-Appellee. In re Paul B. Bremer and Suzanne M. Bremer, also known as Suzanne Marie Bremer, formerly known as Suzanne Marie Buckley, formerly known as Suzanne Marie Crow, Debtors. Simon E. Rodriguez, Trustee Plaintiff-Appellant, v. Daimlerchrysler Financial Services Americas LLC, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 23, 2010.

Attorney(s) appearing for the Case

David V. Wadsworth, Sender & Wasserman, Denver, CO, for Plaintiff-Appellant.

Jack L. Smith, Holland & Hart, and Stephen P. Hale, Hale Dewey & Knight, Memphis, TN, (Stephen G. Masciocchi and Rochelle N. Rabeler, with him on the brief), for Defendants-Appellees.

Before BRISCOE, Chief Judge, HAWKINS and O'BRIEN, Circuit Judges.

HAWKINS, Senior Circuit Judge.

In these consolidated cases, the bankruptcy trustee ("Trustee") appeals from a decision of the Bankruptcy Appellate Panel ("BAP") affirming the bankruptcy court's determination that, having successfully avoided a preferential vehicle lien under 11 U.S.C. § 547,1 the Trustee was not entitled to a money judgment equal to the value of the avoided liens under § 550(a). The bankruptcy court and the BAP...

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