In Re Ryan

DECISION & ORDER

CARL L. BUCKI, Bankruptcy Judge.

As amended by the State of New York in 2001, Article 9 of the Uniform Commercial Code now provides that “[a] security interest does not exist under this article in ordinary building materials incorporated into an improvement on land.” N.Y.U.C.C. § 9-334(a)(McKinney 2002). In the present instance, the debtors object to the secured status of a claim that asserts a hen on a bathtub. The defining issue is whether that bathtub constitutes something other than an ordinary building material, so that it may be subject to a security interest.

In November…