Flatau v. Bank of Banks County (In re Stewart)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HENRY D. EVANS, Bankruptcy Judge.

The Court is asked to decide the priority of interest in a 1967 pickup truck which is the subject of a turnover complaint filed by the trustee. By stipulation of the parties the following is the Court’s findings of fact:

1

That on July 29,1978 the W. D. Simmons & Son Co. did, for value received, give, grant and convey to the Bank of Banks County, hereinafter referred to as “bank,” a first lienholder’s secured interest in a certain 1967 Ford pickup truck (Manufacturers I.D. No. F10ALB46575).

2

That on the 13th day of September…