Kuhn v. Wagnon (In Re Kuhn)

MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

DALE L. SOMERS, Bankruptcy Judge.

The matter under advisement is Nicholas K. Kuhn’s (hereafter the Plaintiff or Debtor) motion for summary judgment on the issue of whether the lien of Defendant Citizens Bank (hereafter Citizens or Bank) on Debtor’s 2005 Ford truck is ineffective because prepetition Citizens obtained a judgment on Debtor’s note secured by the truck but failed to foreclose its lien on the Ford in the same action. Debtor Nicholas Kuhn appears by his counsel Calvin L. Wiebe, of Wiebe Law Offices, P.A.…