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Trustee Forrest C. Allred v. Dewane Stoddard (In re Bradley Jay Stoddard)

Bankr. No.: 
08-10179
Adv. No.: 
10-1022
Chapter: 
7
Date of Decision: 
March 1, 2011
Issue: 
Whether under South Dakota law perfection of non-purchase money security interest in an all-terrain vehicle is accomplished by noting the lien on the certificate of title or the filing of a financing statement under the Uniform Commercial Code?
Ruling: 
Though state law requires an all-terrain vehicle to be titled, a non-purchase money security interest in an all-terrain vehicle must be perfected by the filing of a financing statement under the Uniform Commercial Code.
Full Bankruptcy Court Decision: