Bankr. No.:
05-30151
Adv. No.:
06-3001
Chapter:
7
Date of Decision:
March 27, 2007
Issue:
Whether summary judgment should be entered regarding a creditor‛s secured interest in a boat motor on the petition date where the creditor‛s security interest was perfected earlier in Minnesota but where Debtor moved to South Dakota before he filed bankruptcy?
Ruling:
Whether the creditor‛s security interest in the boat motor was still perfected under M.S.A. § 336.9-316 when Debtor filed bankruptcy depended on the date Debtor moved to South Dakota. That date was not of record, so summary judgment could not be entered. A trial on that fact question only will be held if the parties are unable to stipulate to the date of the move.
Full Bankruptcy Court Decision: