Clark Contracting Services v. Finance (Clark Contracting Services, Inc.)

Memorandum Opinion Regarding the Parties’ Respective Motions for Summary Judgment

LEIF M. CLARK, Bankruptcy Judge.

Before the court are the defendant’s motion for partial summary judgment and the plaintiffs response and cross-motion for summary judgment. The facts are not in material dispute. The only question of law raised by the two motions is what, if anything, chapter 501 of the Texas Transportation Code (hereinafter the “Certificate of Title Act”) 1 requires of a lienholder in order to perfect an assigned lien. The issue is relevant because the debtor-in-possession (“debtor”), exercising…