Ledford v. Thorp Financial Services (In Re Joyce)

DECISION AND ORDER SUSTAINING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

WILLIAM A. CLARK, Bankruptcy Judge.

PROCEDURAL POSTURE AND FACTS

Plaintiff, the Chapter 13 Trustee, filed his complaint against defendant creditor, Thorp Financial services (“Thorp”), alleging that the interest claimed by the defendant in the personal property of the debtors, Michael P. Joyce and Tina M. Joyce, is an unsecured claim because of the failure of defendant to comply with OHIO REV. CODE § 1319.06, which requires a husband and wife to join in the creation of a chattel mortgage on their…