- 11 U.S.C.
Morris v. Boeing Wichita Credit Union (In re Hicks)
Sep
14
2005
Ruling
Trustee was granted motion to avoid creditor's lien since the certificate of title did not reflect the lien.
Procedural posture
Plaintiff, a chapter 7 trustee, brought an adversary proceeding against defendants, the debtors and their creditor, to avoid a lien pursuant to 11 U.S.C. § 544(a)(2). The creditor filed a third party complaint against third-party defendant, the State of Kansas Department of Revenue ("KDOR"), in the event that the trustee prevailed on his claim. The matter was before the court on a stipulation of facts and briefs of the parties.
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Court
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