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In re Shepler, Case No. 86-02661-7 (08/20/1987) (78 B.R. 217) -- Judge Thomas S. Utschig

Case Summary:
Debtor's motion to avoid the lien of Bank of Holmen on certain office equipment pursuant to 11 U.S.C. § 522(f) is denied.  Bank legally took possession of collateral upon default of debtor prior to bankruptcy filing.  In so doing, bank's security interest became "possessory".  Bank's security interest, therefore, is no longer voidable, due to "nonpossessory, nonpurchase-money security interest" requirement of § 522(f).

Statue/Rule References:
11 U.S.C. § 522(f) -- Lien Avoidance

Key Terms:
Lien Avoidance
Security Interests - Perfection


Date: 
Thursday, August 20, 1987