In Re Victor L. Gelking, Debtor. Phillip D. Armstrong, Trustee of the Estate of Victor L. Gelking v. State Bank of Towner

ROSS, Circuit Judge.

Victor L. Gelking (debtor) filed a Chapter 7 bankruptcy petition on August 21, 1981. The trustee of his estate, Phillip D. Armstrong, sought to avoid the State Bank of Towner’s (bank’s) security interest in the debtor’s airplane, pursuant to his status as an unsatisfied judicial lien creditor under 11 U.S.C. § 544(a) (1982), on the ground that the bank’s security interest was not perfected prior to the date the debtor filed for bankruptcy. The bankruptcy court found that the bank’s security interest had been perfected prior to August 21, 1981. This determination was…