Paysaver Credit Union v. Jenes (In re Jenes)

FINDINGS AND CONCLUSIONS

JOSEPH A. GASSEN, Bankruptcy Judge.

This matter was tried on the complaint to recover property of Paysaver Credit Union against the debtor and the trustee. Pay-saver seeks to recover a 1980 Cadillac which the debtor, Louis Jenes, owns and on which Paysaver claims to have a lien. Both the credit union and the debtor were “had” by a third party who received the benefit of the transactions leading up to this litigation, and whose whereabouts is presently unknown, and this court must decide which of the two will suffer the loss.

In some instances, there was conflicting…