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IN RE GARCIA

No. 11-56076.

709 F.3d 861 (2013)

In re Angie M. GARCIA, AKA Angel Garcia, AKA Angie Marie Garcia, Debtor. Orange County's Credit Union, Appellant, v. Angie M. Garcia, Appellee, United States Trustee and Charles W. Daff, Chapter 7 Trustee, Trustees.

United States Court of Appeals, Ninth Circuit.

Filed March 5, 2013.

Attorney(s) appearing for the Case

Robert M. Dato and Joseph M. Welch , Buchalter Nemer , Irvine, CA, for Creditor-Appellant.

Anerio V. Altman , Lake Forest, CA, for Debtor-Appellee.

Before: ALEX KOZINSKI, Chief Judge, BARRY G. SILVERMAN, Circuit Judge, and JED S. RAKOFF, Senior District Judge.

OPINION

SILVERMAN, Circuit Judge:

We hold today that a motor vehicle, even a Mercedes, may fall within California's so-called "wildcard" or "grubstake" exemption. Cal.Civ.Proc.Code § 703.140(b)(5). We also hold that if an exempt vehicle is a tool of the debtor's trade and is secured by a nonpossessory, nonpurchase-money lien, the debtor can avoid the lien pursuant to 11 U.S.C. § 522(f)(1)(B). The district court so ruled and remanded the case to...

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