Morris v. Intrust Bank, N.A. (In Re Anderson)

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

In this adversary proceeding, the trustee invokes his 11 U.S.C. § 544(a) 1 hypothetical lien creditor powers to avoid and preserve an alleged unperfected security interest in favor of Intrust Bank, N.A. (“Intrust”) that encumbers debtor’s interest in a 1999 Chevrolet Tahoe and 1994 Ford Ranger pickup (“the vehicles”). 2 The trustee also seeks a determination of the parties’ respective rights in the vehicles and, by virtue of an order entered on May 1. 2005 the action has been resolved as to defendants Brandi D. Anderson and John C. Anderson. 3

The…