Gordon v. OneWest Bank FSB (In re Blackmon)

ORDER ON COMPETING MOTIONS FOR SUMMARY JUDGMENT

MARGARET H. MURPHY, Bankruptcy Judge.

This adversary proceeding is before the Court on competing motions for summary judgment. Plaintiff, the Chapter 7 Trustee (“Trustee”), filed a complaint November 17, 2009, seeking a determination that Defendant holds a security interest which has not been validly perfected under state law and therefore may be avoided pursuant to Trustee’s “strong arm” powers under 11 U.S.C. § 544. Determination of this case was deferred by stay September 26, 2012 pending resolution of a similar case at the Eleventh Circuit.…