BC Consultants, Inc. v. Shangle

By Judge Gerald Bruce Lee

The question is whether a creditor’s unsecured lien on a truck survived the Debtor’s Petition in Bankruptcy. This matter is before the Court on BC Consultants’ (Creditor) Motion to Reconsider' the Court’s January 7, 1994, ruling dismissing Creditor’s action against James Shangle (Debtor). Having considered the argument and memoranda of counsel, the Court grants Creditor’s Motion to Reconsider.

This case is a creditor’s detinue action for a writ of possession for a 1990 Chevrolet truck pledged as security by the Debtor. On December 30, 1991, the Creditor was granted…