Hill v. WFS Financial, Inc. (In Re O'Neill)

OPINION

NUGENT, Bankruptcy Judge.

Appellant trustee appeals from a summary judgment order holding that the perfection of a security interest in a Colorado motor vehicle relates back to the date of its “filing” under applicable Colorado statute. The bankruptcy court held that § 9-317(e) of the Uniform Commercial Code (“UCC”) as adopted in Colorado 1 is a “generally applicable law” that renders perfection of a security interest in a Colorado motor vehicle retroactive and subjects the trustee’s avoiding powers to such relation back under 11 U.S.C. § 546(b)(1)(A). In so holding, the bankruptcy…