Appeal of Section 522(f) Issue Pending Before the 9th Circuit

From attorney Anerio V. Altman:

I have an appeal before the 9th Circuit court of Appeals with OCCU in regards to:
1.  Can a Debtor utilize the Wildcard Exemption for the purpose of avoiding a non-possessory non-purchase money security interest in collateral they claim as a tool of the trade under 11 U.S.C. 522(f)?; and
2.  Can a Debtor utilize 11 U.S.C. 522(f) for the purpose of avoiding a Non-PMSI lien in a vehicle they claim as a tool of the trade?

Debtor in this case is a realtor who claims that her vehicle is a tool of the trade.  The vehicle is worth less than $6000 by all accounts.  Debtor filed her own motion pro se, OCCU responded and we filed a chunky reply. 

Judge Albert said you can’t do it.  The District court said that we could.  And now we’re before the ninth.

The case is IN RE:  ANGIE GARCIA.  9th Appellate case number 11-56076 or District Court 10-00985. 
We don’t have a hearing date yet but all papers have been filed. 

Anerio V. Altman, Esq. #228445
Lake Forest Bankruptcy

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