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Judge Timothy J. Mahoney (Retired)

Rick D. Lange, Chap. 7 Trustee v. Wells Fargo Equip. Fin., Inc. (In re Negus-Sons, Inc.), Ch. 7, BK09-82518-TJM, A11-8081-TJM

Because the purchase money lender's lien was not on the title certificate, the security interest was unperfected & subordinate to the trustee's hypothetical lien. Likewise, the lender's interest in accessions to the vehicle was also unperfected.

Thomas D. Stalnaker, Chap. 11 Trustee v. Midwest Renewable Energy, LLC (In re Tri-State Fin'l, LLC), Ch. 11, BK08-83016-TJM, A10-8072-TJM (May 29, 2012)

The presumption of insolvency in this preference action was unrebutted by the defendant after the trustee showed that the schedules didn't truly reflect asset values. However, a question of fact existed as to the ordinary course of business defense.

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