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In re Mountaineer Bulk Servs.

In re Mountaineer Bulk Servs.

Ruling
Trustee's proceeding to avoid allegedly improperly perfected auto liens barred as untimely.
Procedural posture

Plaintiff Trustee's complaint contained two counts. In Count II, the Trustee alleged that defendant creditor did not properly perfect its liens on debtor's motor vehicles, and therefore another defendant, the predecessor trustee, improperly distributed proceeds from the sale of debtor's motor vehicles. The Trustee requested recovery of these proceeds from the creditor. The Trustee and creditor filed summary judgment motions as to Count II.

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Commercial opinion summary, case decided on February 19, 2013 , LexisNexis #0313-070