- 11 U.S.C.
Ransier v. American Suzuki Fin. (In re Eccles-Walker)
Mar
28
2007
Ruling
Exception to avoidance of motor vehicle lien did not apply where security interest was not perfected within 20 days of debtor taking possession.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant creditor which financed the bankruptcy debtor's purchase of a vehicle shortly before the debtor filed his bankruptcy petition. The trustee asserted that the creditor's lien was avoidable as a preferential transfer, but the creditor argued that the enabling loan exception under 11 U.S.C. § 547(c)(3) was applicable, and the parties cross-moved for summary judgment.
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Court
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