United States Tenth Circuit

An order reversing a decision of the bankruptcy court that granted bankruptcy trustee's complaint for lien avoidance is reversed where a bankruptcy court correctly determined that the lien the trustee sought to avoid was not perfected as of the date the debtors filed for bankruptcy, and thus, the trustee should have been permitted to avoid it.

Appellate Information

• Decided 06/26/2007
• Published 06/26/2007

Judges

• PORFILIO, Circuit Judge., Before McCONNELL, PORFILIO, and BALDOCK, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , J. Michael Morris, Klenda, Mitchell, Austerman & Zuercher, L.L.C., Wichita, KS, for Plaintiff-Appellant.


• For Appellees:
  
• Eric D. Bruce, Bruce, Bruce & Lehman, L.L.C., Wichita, KS, for Defendant-Third-Party-Plaintiff-Appellee Boeing Wichita Credit Union., Jay D. Befort, Robert W. Challquist, Kansas Department of Revenue, Topeka, KS, for Third-Party-Defendant-Appellee Kansas Department of Revenue.