Gibson v. General Motors Acceptance Corp.

MEMORANDUM OF OPINION

LEWIS M. KILLIAN, Jr., Bankruptcy Judge.

THIS MATTER was tried on August 9, 1989, on the complaint of Robert E. Gibson as trustee of this Chapter 7 estate of Christina Ann Banks, the debtor, to avoid an allegedly preferential transfer by the debtor of a lien on an automobile to GMAC. The case was tried on stipulated facts and thus resolution of the issues is based solely on the application of the law to the facts.

This case follows in a string of cases with somewhat similar facts involving automobile purchases by Chapter 7 debtors in which perfection of the purchase money…