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Brock v. Branch Banking & Trust Co. (In re Johnson)

Brock v. Branch Banking & Trust Co. (In re Johnson)

Ruling
Enabling loan exception to avoidance not available where security interest in truck was not perfected within 20 days of purchase.
Procedural posture

In this pre-Bankruptcy Abuse Prevention and Consumer Protection Act preference action, plaintiff trustee appealed the Bankruptcy Court for the Eastern District of Kentucky's ruling that the lien on debtor's motor vehicle was protected from avoidance by the enabling loan exception, which excepted from avoidance certain security interests perfected within 20 days of debtor's possession of the collateral. Defendant was the lender.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on December 21, 2007 , LexisNexis #0108-099