Mercer v. Bank of Currituck (In re Mercer)

This adversary proceeding was filed by plaintiff debtor to determine the validity of the lien asserted by defendant bank on real property owned by debtor. The matter before the court was debtor's motion for partial summary judgment, seeking to avoid the bank's lien under 11 U.S.C.S. §§ 544(a)(1), 1107(a) as unenforceable against the debtor-in-possession because the lien was not properly perfected at the time of debtor's bankruptcy filing.