Ledford v. Credithrift of America (In re Curtis)

DECISION SUSTAINING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

THOMAS F. WALDRON, Bankruptcy Judge.

This is a case arising under 28 U.S.C. § 1334(a) and having been referred to this court is determined to be a core proceeding under 28 U.S.C. § 157(b)(2)(E), in which the plaintiff-Chapter 13 Trustee disputes the validity, extent and priority of a lien.

Plaintiff’s complaint against defendant-creditor, Credithrift of America (hereinafter Credithrift), alleges that the claim by the defendant to the personal property listed in a security agreement signed by Thomas A. and…