In Re Diaz

ORDER DENYING MOTION FOR TURNOVER

ROBERT A. MARK, Bankruptcy Judge.

The Court of Appeals for the Eleventh Circuit (“11th Circuit”) has held that ownership of a vehicle transfers to the secured creditor at the time of repossession. In re Kalter, 292 F.3d 1350 (11th Cir.2002). The issue before the Court is whether a 2001 amendment to Article 9 of the Florida Commercial Code renders Kalter inapplicable and entitles a debtor to regain possession of a vehicle repossessed prepetition. For the following reasons, the Court concludes that Kalter is still applicable notwithstanding the change to…