- 11 U.S.C.
Gugino v. Canyon Fin. Of Boise Inc. (In re Green)
Mar
20
2009
Ruling
Trustee's interest in motorcycle as hypothetical judicial lien creditor was superior to that of creditor with unperfected security interest.
Procedural posture
Chapter 7 trustee brought an adversary proceeding against creditor, seeking to avoid an asserted security interest in a motorcycle on the grounds that the security interest was unperfected when the debtors filed their chapter 7 bankruptcy petition, and thus avoidable under 11 U.S.C.S. § 544(a)(1). The court held a trial.
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Court
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