Williams v. Capital Asset Recovery, LLC (In Re McMullen)

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

The parties submitted this adversary proceeding on stipulated facts and briefs. 1 The Trustee invokes her hypothetical lien creditor powers under § 544(a) to avoid defendant’s lien in a vehicle on the basis that defendant’s security interest became unperfected when the note and security agreement were assigned to it and it failed to cause its name to be shown on the title and in the Kansas Department of Revenue Motor Vehicle Division’s records. 2 The defendant asserts that nothing in the motor vehicle code requires it to amend its predecessor’s…