Daniels v. Bank of Carthage (In Re Baugh)

JUDGMENT ON THE PLEADINGS FOR PLAINTIFF, AND ACCORDINGLY, DIRECTING THE DEFENDANTS TO TURN OVER CERTAIN PROPERTY TO THE PLAINTIFF EXCEPT AS IS NOT SUBJECT TO A PURCHASE MONEY SECURITY INTEREST

DENNIS J. STEWART, Bankruptcy Judge.

The plaintiff trustee in bankruptcy seeks to avoid a lien in a V-8 powered Asplundh Chipper (limb mulcher), and a trailer-mounted tank and spraying apparatus and bring such property into the estate pursuant to § 541 of the Bankruptcy Code. The trustee alleged that the security interests of the defendant Bank of Carthage were not properly perfected by single filing of…