Morris v. Hicks (In Re Hicks)

PORFILIO, Circuit Judge.

J. Michael Morris, trustee in bankruptcy (trustee), appeals from an order of the district court reversing a decision of the bankruptcy court that granted his complaint for lien avoidance. We conclude that the bankruptcy court correctly determined that the lien the trustee sought to avoid was not perfected as of the date the debtors filed for bankruptcy. The trustee should therefore have been permitted to avoid the unperfected lien. This being the case, we reverse the decision of the district court and remand for further proceedings.

FACTS

The hen in question arose when…