Thrun v. Blackhawk Community Credit Union (In re Thrun)

MEMORANDUM DECISION

ROBERT D. MARTIN, Bankruptcy Judge.

Cross motions for summary judgment ask whether the credit union has a valid security interest in the debtor’s vehicle. In February 2012, the plaintiff debtor signed a Consumer Lending Plan with Blackhawk Community Credit Union (“Blackhawk”). The plan created subac-counts under which the debtor was able to take out loans or “advances,” and provided that Blackhawk would have a security interest in “all goods, property, or other items purchased under this Plan ... either now or in the future.”

In May 2012, the debtor requested an advance under…