United States Sixth Circuit
In re Johnson, 08-5088
In Chapter 7 proceedings, Bankruptcy Appellate Panel's judgment for the trustee and against the lender of the debtor's pick-up truck is affirmed as the enabling loan exception of 11 U.S.C. section 547(c)(3) does not protect the lender's interest in the pick-up truck from avoidance as a preferential transfer because the perfection of the lender's security interest in the truck did not occur until March 7, 2005, when the security interest was actually noted on the certificate of title.
Appellate Information
- Argued 01/15/2009
- Decided 07/02/2010
- Published 07/02/2010
Judges
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Christopher A. Conley, Carole M. Friend