Robin Browning Brock v. Branch Banking & Trust Co. (In Re Johnson)

JENNIE D. LATTA, Bankruptcy Appellate Panel Judge, dissenting.

Because I do not agree with the majority of the Panel that the lien was perfected outside the applicable time period for the enabling loan exception, I respectfully dissent.

Section 547(b) of the Bankruptcy Code permits a trustee to avoid certain transfers of interests of the debtor in property that occur within ninety days prior to the filing of a bankruptcy petition, unless the transfer falls within one of the exceptions specified at section’547(c). BB & T relies upon the so-called enabling loan exception, which provides:(c) The…