Chase Manhattan Mortgage Corp. v. Boyd (In re Damon J.)

OPINION

HILLMAN, Senior District Judge.

This action is before the court on appeal from the bankruptcy court’s decision to grant summary judgment to the Chapter 7 Trustee, James W. Boyd (“Trustee”). The bankruptcy court held that appellant Chase Manhattan Mortgage Corporation (“Chase” or “Chase Manhattan”) had failed to perfect its security interest in a mobile home owned by the debtors, thus permitting the Trustee to preserve the property for the bankruptcy estate under 11 U.S.C. § 551, and to recover payments made ninety days prior and subsequent to the bankruptcy.

For the reasons that follow,…