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IN RE CLEAVER

BAP No. 08-6052.

407 B.R. 354 (2009)

In re Jeremy Eugene CLEAVER, Formerly doing business as JC Auto Repair; Michelle Ann Cleaver, Debtors. Jeremy Eugene Cleaver; Michelle Ann Cleaver, Debtors-Appellants, v. Albert Warford, Trustee-Appellee, Kris Earlywine, Creditor-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: June 11, 2009.

Attorney(s) appearing for the Case

John Turco, Omaha, NE, for Debtors-Appellants.

Marcus Frank Gross, Harlan, IA, for Appellee.

Before KRESSEL, Chief Judge, MAHONEY and VENTERS, Bankruptcy Judges.

KRESSEL, Chief Judge.

The debtors appeal an order of the bankruptcy court denying a motion for "reconsideration" of an order denying a motion to avoid a nonpossessory, nonpurchase-money security interest in a semi-tractor truck. Because we hold that lien avoidance is a federal remedy to be determined under federal law, we reverse and remand for further proceedings consistent with this opinion.

BACKGROUND

Jeremy and Michelle Cleaver borrowed $42,381...

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