James A. Overcash, Chap. 7 Trustee v. Hidalgo Motors, LLC (In re Pedro Paulo Garcia Wilson), Ch. 7, BK20-40420-BSK, A20-4018-BSK (Jan. 29, 2021)
The court granted summary judgment to the Chapter 7 trustee and avoided a preferential transfer. The debtor and a non-debtor jointly purchased a vehicle on an installment contract prior to filing bankruptcy and are both listed as owners on the title. The non-debtor is in possession of the vehicle and makes the payments on it. The seller noted its lien on the certificate of title within 90 days prior to the petition date, which led the trustee to file this adversary proceeding to avoid the lien under § 547(b).
