Remes v. Ford Motor Credit Co. (In re Churchwell)

OPINION REGARDING PERFECTION OF SECURITY INTEREST IN MOTOR VEHICLE

JAMES D. GREGG, Bankruptcy Judge.

FACTS

On February 9, 1987, Richard C. Remes, the Plaintiff and Chapter 7 court-appointed Trustee, hereinafter “Trustee”, filed a Complaint against Defendant Ford Motor Credit Company, hereinafter “FMCC”, seeking a determination that FMCC’s security interest in a certain vehicle was not properly perfected. The Trustee seeks to therefore avoid FMCC’s security interest in the vehicle pursuant to 11 U.S.C. § 544, the so-called “strong-arm” clause of the Bankruptcy Code. The parties have agreed that…