Went v. Rhoden Nissan/Auto Finance Center

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

Rhoden Nissan/Auto Finance Center (“Rhoden Nissan”), asserts that it holds a perfected security interest in the vehicle of debtor, Dawn Went by virtue of Rhoden Nissan’s assignee noting its lien on the vehicle’s certificate of title. Debtor commenced this adversary proceeding to avoid the interest of Rhoden Nissan in the vehicle. I conclude that the security interest of Rhoden Nissan is avoided pursuant to 11 U.S.C. § 544 (1995), because Rhoden Nissan’s name is not noted on the vehicle’s certificate of title.

FINDINGS OF FACT

On September 12,…