Tibble v. Huntington National Bank (In Re Fasick)

OPINION

BELL, District Judge.

Defendant/Appellant Huntington National Bank, successor in interest to FMB-First Michigan Bank (“FMB”) appeals the Bankruptcy Court’s November 30, 1998, order granting the Trustee’s motion for summary judgment. The bankruptcy court held that FMB’s security interest in the Debtor’s semi-tractor truck was subordinated to the rights of the Trustee and avoided in accordance with 11 U.S.C. § 544(a)(1).

I

The property at issue in this case is a 1989 Peterbuilt Tractor, VIN 1XP5DB9X2KN277825 (the “Tractor”). The Tractor was previously owned by Patricia Beebe, a resident of…