United States Tenth Circuit

In bankruptcy proceedings, judgment for plaintiff-chapter 7 trustee avoiding defendant-credit union's security interest in bankruptcy debtors' truck pursuant to 11 U.S.C. section 544 is affirmed over claims that lower courts erred in determining that: 1) this case was not governed by Okla. Stat. Ann. tit. 47, section 1110(A)(1) & (G), providing that Oklahoma will recognize a security interest in a vehicle if validly created by tribal law and noted on the title, and by caselaw recognizing Indian title and registration authority; 2) the tribal title was not a certificate of title under the UCC; 3) the credit union did not have a purchase money security interest in which it could assert priority; and 4) the credit union could not assert any lien priority of the previous lender via statutory or equitable subrogation.

Appellate Information

• Decided 01/24/2008
• Published 01/25/2008

Judges

• KELLY, Circuit Judge., Before KELLY, SEYMOUR, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jason C. Boesch, Counsel for Amici Curiae, and Alvin C. Harrell, Professor of Law of Oklahoma City University School of Law, Oklahoma City, Oklahoma, for Amici-Curiae.


• For Appellees:
  
• Patrick Malloy, III, Trustee, of Malloy Law Firm, P.C., Tulsa, Oklahoma, for Plaintiff-Appellee., David Wheeler of Butler & Wheeler, P.L.L.C., Jenks, Oklahoma, for Defendant-Appellant.