Legal Opinion

In re McFarlane

United States Bankruptcy Court, W.D. Missouri

Decided August 27, 2003No. Nos. 03-30194-JWV, 03-30454-JWV, 03-30548-JWVPublished

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JERRY W. VENTERS, Bankruptcy Judge.

The issue presently before the Court in these three Chapter 7 proceedings is whether the creditors claiming a security interest in the Debtors’ vehicles have properly perfected their hens in those vehicles, so that the hens would be superior to the hypothetical hen of the Chapter 7 Trustee. The Chapter 7 Panel Trustee, Norman E. Rouse (“Trustee”), pointing to recent statutory changes in Missouri, contends that the only way to perfect a hen on a motor vehicle in Missouri is for the secured creditor to file a “notice of hen” with…

2Cases cited10 opinions

Fidelity Financial Services, Inc. v. FinkSupreme Court of the United States · 1998
13 Collier bankr.cas.2d 586, Bankr. L. Rep. P 70,721 in the Matter of Thomas A. Tressler and Judy A. Tressler, Debtors. Union Bank & Trust Co., Erie v. R. Perrin Baker, Esq., Trustee and Thomas A. Tressler and Judy A. Tressler, Appeal of R. Perrin Baker, Trustee Above Named and CounterCourt of Appeals for the Third Circuit · 1985
In Re Ralph Paige, Jr. Alvan F. Uhle, Trustee v. Parts and Trucks, Associates Commercial CorporationCourt of Appeals for the Sixth Circuit · 1982
In Re Timothy Males and Karen Males, Debtors. Chrysler Credit Corporation v. Michael Religa, TrusteeCourt of Appeals for the Second Circuit · 1993
Hoffman v. Associates Commercial Corp. (In Re Durette)United States Bankruptcy Court, D. Connecticut · 1998

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