McCarthy v. Imported Cars of Maryland, Inc. (In Re Johnson)

DECISION RE PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

S. MARTIN TEEL, Jr., Bankruptcy Judge.

This decision addresses the plaintiffs motion for summary judgment.

I

The complaint makes out the following claims against the defendant, Imported Cars of Maryland, Inc., which does business as College Park Honda (“College Park”).

Count I seeks turnover of a 1998 Honda pursuant to 11 U.S.C. § 542(a). 1 The plaintiff, the chapter 7 trustee, contends that College Park merely has an unperfected security interest in the car and that his rights in the car as a hypothetical judgment lien creditor are superior to…