Gugino v. General Motors Acceptance Corp. (In Re Laursen)

MEMORANDUM OF DECISION

TERRY L. MYERS, Chief Judge.

INTRODUCTION

In this adversary proceeding, plaintiff Jeremy J. Gugino, the chapter 7 Trustee, seeks to avoid a security interest asserted by defendant General Motors Acceptance Corporation (GMAC). The Trustee contends GMAC’s security interest is avoidable because it was unperfected when the debtor, Whitney Laursen, filed her chapter 7 bankruptcy petition. See 11 U.S.C. § 544(a)(1). 1

The Court scheduled a trial of this action for June 28, 2008. Prior to trial, however, the parties stipulated to all the relevant facts. See Doc. No. 8. Then, at…