Lansdowne v. Security Bank of Coos County (In Re Smith & West Construction, Inc.)

OPINION, FINDING OF FACT AND CONCLUSIONS OF LAW

C.E. LUCKEY, Bankruptcy Judge.

The plaintiff-trustee, Paul Lansdowne, seeks determination of the validity of a lien asserted by defendant, Security Bank of Coos County (Bank), in a 1976 Ford pickup truck registered to Smith and West Construction, Inc., the debtor herein. The parties have submitted the matter on cross-motions for summary judgment and both contend that there is no genuine issue as to any material fact. The facts as set forth in the affidavits and supporting documentation accompanying the parties’ motions reveal the following:

Defendan…