Associates Commercial Corp. v. Bergey's GMC, Inc. (In Re Radwin Transfer of Pennsylvania, Inc.)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether a garage-man’s lien for repairs to the debtor’s tractor takes priority over a prior perfected security interest in that tractor. We are compelled by Pennsylvania case law on this issue to answer that question in the negative because the garageman failed to obtain the consent of the security interest holder prior to making the repairs on the tractor.

The facts of the instant case are not in dispute. 1 On February 20, 1981, Radwin Transfer of Pennsylvania, Inc. (“the debt- or”) filed a petition for a reorganization under…