Van Lott, Inc. v. Wittenberg (In Re Collins)

MEMORANDUM AND ORDER

J. BRATTON DAVIS, Bankruptcy Judge.

The main issue is whether the financing statement, relating to the plaintiff’s purchase money security interest, which has been timely recorded in the office of the Secretary of State, has been recorded in the proper place so that the plaintiff’s claim to the secured property is superior to the claim of the trustee in bankruptcy.

Claiming current possession of and liens on a wheel loader 1 and a loader rake 2 by virtue of a purchase money security agreement securing a promissory note, in default, on which there is due $16,603.27, and…