Exchange Bank of Polk County v. Christian (In Re Christian)

MEMORANDUM OPINION ON MOTION FOR SUMMARY JUDGMENT

ALEXANDER L. PASKAY, Chief Bankruptcy Judge.

The matter under consideration involves the validity, vel non, of a lien claim by the Exchange Bank of Polk County (the Bank), a lien which encumbers a 1980 Ford 2 door Sedan. Exchange Bank instituted an adversary proceeding and sought a recovery of the vehicle in question in order to enforce its lien claim. The trustee in turn filed a counterclaim and sought to invalidate the lien on the ground that it was a voidable preference, and as such was invalid and not enforceable against the estate. By…