Schlarman v. Johns (In Re Lewis)

MEMORANDUM OPINION

TRACEY N. WISE, Bankruptcy Judge.

The issue before the Court is whether the Plaintiff Trustee may avoid the liens held by the Defendants Harry Johns (“Johns”) and Harold Gaines (“Gaines”) (collectively the “Defendants”) on nine vehicles, titled in the name of Lewis Auto Sales and listed as personal property on Schedule B of the Debtor’s petition, pursuant to 11 U.S.C. § 547(b). The Defendants do not dispute that if the vehicles are property of the Debtor’s estate then their liens may be avoided by the Trustee as a preferential transfer under § 547(b). But the Defendants argue…