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James A. Overcash, Chap. 7 Trustee v. Bank of Dixon County (In re Tori Lynn Mattes), Ch. 7, BK21-80346-TLS, A21-8014-TLS (June 8, 2022)

The court granted summary judgment to the Chapter 7 trustee, avoiding a lien that was noted on a vehicle’s certificate of title after the bankruptcy petition date. The court found the lien to be an unauthorized post-petition transfer and a preference. Because the lien was not timely noted on the title, it did not attach and was not perfected under Nebraska law. The lien was avoided and the creditor ordered to disgorge payments received on it.

Wednesday, June 8, 2022
Judge Thomas L. Saladino