King v. Ernie Von Schledorn, Inc. (In Re McAlister)

DECISION

JAMES E. SHAPIRO, Bankruptcy Judge.

Thomas J. King, chapter 13 trustee (“trustee”), seeks to avoid a security interest held by defendant, Ernie von Schle-dorn, Inc. (“EVS”), as an unperfected lien pursuant to 11 U.S.C. § 544(a). EVS takes issue with the trustee and asserts that its security interest should “remain intact.”

This matter is now before the court on the trustee’s motion for summary judgment. Briefs by both parties, together with proposed facts, have been submitted to the court. Although the parties were unable to file a joint statement of facts, based upon the facts…