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IN RE FLETCHER

United States Bankruptcy Appellate Panel, Tenth Circuit.
May 25, 1999
ORDER AND JUDGMENT

This order and judgment has no precedential value and may not be cited, except for the purposes of establishing the doctrines of law of the case, res judicata, or collateral estoppel. 10th Cir. BAP L.R. 8010-2.

PER CURIAM

After examining the briefs and appellate record, the Court has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed.R.Bankr.P. 8012; 10th Cir. BAP L.R. 8012-1(a). The case is therefore ordered submitted without oral argument.

James Anthony and Rhonda Darlene Fletcher ("Debtors") appeal an Order of the United States Bankruptcy Court for the Eastern District of Oklahoma denying their motion pursuant to 11 U.S.C. § 522(f) to avoid the judicial lien of Michael and Gloryand Walker. The bankruptcy court based its decision on its earlier ruling in the case of In re Coats, Bankr. No. 98-70529 (Bankr. E.D. Okla. filed April 15, 1998), and recognized that the Coats case was on appeal to this Court. Appellants' Appendix Record No. 4. Since the bankruptcy court issued its Order, this Court reversed the bankruptcy court in the Coats case. Coats v. Ogg (In re Coats), 232 B.R. 209 (10th Cir. BAP filed April 15, 1999). InCoats, this Court held that judicial liens attach to a debtor's homestead under 12 Okla. Stat. Ann. § 706[ 12-706](B)(2), as amended in 1997, and therefore, they may be avoided under § 522(f) to the extent that they "impair" a debtor's exemption. We are bound by this Court's decision in Coats. See Starzynski v. Sequoia Forest Indus., 72 F.3d 1513, 1525 (10th Cir. 1995), cited in In re Blagg, 223 B.R. 795, 804 (10th Cir. BAP 1998) (one panel cannot overrule the judgment of another panel of the Court).

Accordingly, for the reasons set forth in Coats, the bankruptcy court's Order is hereby REVERSED, and the matter is REMANDED.