- 11 U.S.C.
Gugino v. Wells Fargo Bank Northwest (In re Lifestyle Home Furnishings LLC)
Jan
14
2010
Ruling
Security interest avoided due to creditor's failure to file amendment reflecting debtor's new name.
Procedural posture
Chapter 7 trustee, brought an adversary proceeding against defendant creditor, to avoid its claimed security interest on property of the bankruptcy estate under 11 U.S.C.S. § 544(a)(1). The trustee moved for the entry of partial summary judgment, asserting the creditor failed to comply with Idaho law regarding the perfection of its security interest and that its interest became unperfected after the debtor changed its name.
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Court
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