Gugino v. Canyon Financial of Boise, Inc. (In Re Green)

MEMORANDUM OF DECISION

TERRY L. MYERS, Chief Judge.

INTRODUCTION

In this adversary proceeding, plaintiff Jeremy Gugino, the chapter 7 Trustee, seeks to avoid a security interest asserted by defendant Canyon Financial of Boise, Inc. (“Canyon”). The Trustee contends the security interest was unperfected when the debtors, James and Angela Green, filed their chapter 7 bankruptcy petition, and thus avoidable under § 544(a)(1). 1

Trial was held on January 28, 2009. The parties stipulated to the facts for the purposes of this matter, and the same are set forth below. They also stipulated to the…