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Carl Green v. Security Nat'l Bank (In re Kenneth Paul Pick & Charlotte Marie Pick), Ch. 13, BK08-82149-TLS, A08-8081-TLS (Jan. 30, 2009)

The court granted summary judgment to a secured creditor in an adversary proceeding brought by a pro se plaintiff to enforce a state-court judgment he held against the debtors. The defendant lender held perfected security interests in the debtors’ assets. The plaintiff did not challenge the validity and priority of the lender’s security interests, but argued the lender held the collateral in trust for the benefit of the plaintiff. Because there was no evidence the lender’s security interests were the product of fraud, misrepresentation, or an abuse of an influential or confidential relationship, this claim failed. Likewise, the plaintiff presented no evidence of any transfer to the lender that should be set aside, nor did the plaintiff put forth any authority to support his argument that by failing to promptly exercise its foreclosure rights, the lender participated in a civil conspiracy. Because there was no genuine issue of material fact for trial, summary judgment was warranted.

Date: 
Friday, January 30, 2009
Judge: 
Judge Thomas L. Saladino