Morris v. Boeing Wichita Employees Credit Union (In re Lopez)

MEMORANDUM OPINION

ROBERT E. NUGENT, Bankruptcy Judge.

This matter came before the Court for hearing on November 15, 2000, on the Trustee’s Complaint (1) To Avoid And Recover Unperfected Security Interest; And (2) To Determine Rights. The Trustee seeks to preserve for the estate a lien secured by a 1993 Oldsmobile, asserting under his hypothetical lien creditor powers in 11 U.S.C. § 544(a) that such a lien creditor would take the Oldsmobile prior to Boeing Wichita Employees Credit Union (“Credit Union”) because the Credit Union apparently intended to release the lien. The Credit Union argues…