Field v. Fifth Third Bank (In Re Nasr)

DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

BURTON PERLMAN, Bankruptcy Judge.

The present adversary proceeding is related to the debtors’ Chapter 7 bankruptcy case. The complaint asserts that the lien of defendant, Fifth Third Bank (“Bank”), on the defendant-debtors’ vehicle should be avoided based upon a preferential transfer under 11 U.S.C. § 547(b), or a violation of the automatic stay under 11 U.S.C. § 362(a)(4). Accordingly, the plaintiff-trustee claims entitlement to turnover of the vehicle, under 11 U.S.C. § 542(a), from the debtors, free and clear of any security interest of the Bank.