066026P.pdf   09/14/2006  Trent Dales Ginter  v.  Alliant Bank
   U.S. Court of Appeals Case No:  06-6026
   Western District of Missouri   
   [PUBLISHED] [Schermer, Author, with Kressel, Chief Judge, and McDonald,
   Bankruptcy Judge]
   Bankruptcy Appellate Panel. The doctrines of res judicata and judicial
   estoppel do not prevent the debtor from avoiding the creditor's
   nonpossessory, nonpurchase-money security interest in certain tools of
   the debtor's trade pursuant to 11 U.S.C. Sec. 522(f)(1)(B)(ii) after the
   debtor stipulated to relief from the automatic stay in the creditor's favor
   with respect to the tools pursuant to 11 U.S.C. Sec. 362(d); debtor's right
   to avoid the lien did not involve the same cause of action as the earlier
   relief under the Sec. 362(d), and the debtor did not take inconsistent
   positions by consenting to relief from a stay motion and then filing the
   lien avoidance motion.