Star Automotive Warehouse, Inc. v. Spears (In Re Thriftway Auto Supply, Inc.)

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

RICHARD L. BOHANON, Chief Judge.

This dispute arises over the conflicting claims of priority of security interests in certain property belonging to debtor’s estate. The issues are of first impression before this court and concern whether a financing statement filed by plaintiff under debtor’s trade name is effective notice filing, and whether the search for financing statements conducted by defendant Citizens National Bank was reasonable under the circumstances. The facts are not in dispute and each party seeks summary judgment. 1

Debtor is…