- 11 U.S.C.
Parks v. Arkebauer (In re Weinmann)
Feb
26
2009
Ruling
Dealer reassignment on vehicle title did not create a security interest so that related funds transfer was avoidable.
Procedural posture
The chapter 7 trustee, filed an adversary complaint claiming that debtor's transfer of $3000 was preferential within the meaning of 11 U.S.C.S. § 547 and that said sum was properly recovered. Issues included whether a notation on the reverse of the certificate of title, which was held by an auto dealer, created an enforceable security interest under either Kan. Stat. Ann. § 8-135(c)(2) or Kan. Stat. Ann. § 84-9-203.
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Court
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