(Bankr. E.D. Ky. Feb. 2, 2017)
The bankruptcy court enters summary judgment in favor of the plaintiff trustee. The trustee sought to obtain title to a truck sold to the debtor prepetition by the defendant dealer. The dealer had not provided a certificate of title, but the debtor did receive physical possession of the truck pursuant to a bona fide sale. The court finds in favor of the trustee after applying Kentucky’s comprehensive automated motor vehicle registration and titling system contained in KRS §§ 186A.010-186A.990. Opinion below.
Attorneys for Trustee: Brackney Law Office, PLLC, Peter Brackney
Attorneys for Defendant: Miller, Griffin & Marks, Carroll M. Redford, III
Author: Matt Lindblom
(Bankr. W.D. Ky. Dec. 8, 2014)
The bankruptcy court grants summary judgment in favor of the secured lender in this lien avoidance action. The lender’s lien was properly notated on the original vehicle title. The debtor then applied for a duplicate title, which listed “Santander Consumer,” rather than the lender’s full name, as a second lienholder. The new title incorrectly listed a bank as a first lienholder (there was no other lienholder). The original title was surrendered and then destroyed. The trustee sought to avoid the lien based on failure to perfect the lien. The court holds that the erroneous listing of the first lienholder only means that the lender’s lien was deemed the first lien. Further, the court holds that the shortened name was not seriously misleading, as the address and other information were accurate and would have led to the correct lienholder. Opinion below.
2014-12-08 – johnson v santander consumer