Brock v. Branch Banking & Trust Co. (In Re Johnson)

OPINION

SUHRHEINRICH, Circuit Judge.

Defendant Branch Banking and Trust Company (“BB & T”) appeals the order of the Bankruptcy Appellate Panel (“BAP”) ruling in favor of Plaintiff Robin Browning Brock, Trustee. The BAP held that because perfection of BB & T’s security interest did not occur within 20 days of the Debtor’s receiving a new pick up truck secured by BB & T, the enabling loan exception of 11 U.S.C. § 547(c)(3) was not available to protect BB & T’s interest from avoidance as a preferential transfer. Having received the Kentucky Supreme Court’s response to a question we certified…