Williams v. Peoples First National Bank & Trust Co. (In Re Allen)

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

The trustee in this case seeks to avoid a lien on the debtors’ mobile home, held by Peoples First National Bank & Trust Company (“Bank”), that was perfected prior to bankruptcy by notation on the mobile home’s certificate of title. The trustee asserts that the mobile home has since become so affixed to the real estate as to constitute a fixture and that, therefore, the Bank’s notation of lien on the mobile home title is ineffective to prevail against her judgment lien acquired at the time of bankruptcy by virtue of 11 U.S.C. § 544(a)(1). 1 The…