Flournoy v. City Finance (In Re Lewis)

ALGIE M. MOSELEY, Jr., Bankruptcy Judge.

This proceeding is before the Court for decision on respective motions for summary judgment. The sole question is whether the Defendant is a “custodian,” and, herein, this is answered in the negative.

FINDINGS OF FACT

The facts are not disputed:

1. Defendant has a perfected (Title Certificate) security interest in a 1970 Pontiac automobile securing an indebtedness of $426.

2. Debtor, Argentina Williams Lewis, defaulted, and Defendant took possession of the automobile by self-help as authorized in the security agreement.

3. Defendant acquired such possession…