Still v. Murfreesboro Production Credit Ass'n (In Re Butler)

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

This cause came on to be heard upon the complaint of C. Kenneth Still, Trustee, seeking to sell a John Deere Dozer, Model JD 650, free and clear of any claimed lien of defendant, Murfreesboro Production Credit Association.

It is the contention of the defendant that it has a perfected security interest in the dozer and that the trustee should be ordered to disclaim it.

It is essentially undisputed that debtor gave the defendant a security interest in the dozer.

The defendant recorded its financing statement twice:(1) first, on March 17, 1978, in the…