In the Matter of Charles O. Cooley, Jr. And Patricia Cooley, Bankrupts. Michael J. Clare, Trustee-Appellant v. First National Bank of Louisville

LIVELY, Circuit Judge.

The trustee in bankruptcy appeals from the judgment of the district court affirming a decision of the bankruptcy judge. Before the bankruptcy judge, the trustee asserted that the security instruments did not create a valid security interest in certain collateral in favor of the creditor, First National Bank of Louisville.

The record contains the following written instruments: A Loan and Security Agreement dated April 9, 1974, given “to secure the payment and performance of all liabilities of the Borrower [Charles O. Cooley, Jr., dba Cooley’s Lawn Service] to the Bank . ,”…