Davis v. Par Wholesale Auto, Inc. (In Re Tucker)

OPINION RE PAR’S RECLAMATION RIGHTS

RANDOLPH J. HAINES, Bankruptcy Judge.

This case presents the issue of whether a reclaiming seller has priority over an unperfected secured creditor. The Court concludes that it does, because an unper-fected secured creditor does not qualify as an “other good faith purchaser.”

Procedural Background

This matter is before the Court on cross-motions for summary judgment filed by Par Wholesale Auto, Inc. (“Par”) and DAVCO Enterprises dba DAVCO Motors & DAVCO Leasing, and C.T. Cook (collectively “DAVCO”). The issue is the ownership of three vehicles sold by Par to…