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Trustee Rick A. Yarnall v. First Premier Bank, N.A. (In re Craig Robert Smith)

Bankr. No.: 
95-40637
Adv. No.: 
96-4024
Chapter: 
7
Date of Decision: 
March 27, 1997
Issue: 
Whether second bank was subrogated to recorded lien on vehicle held by first bank whose lien was satisfied by funds supplied to the debtor by the second bank?
Ruling: 
While S.D.C.L. ยง44-3-6 recognizes the general right of subrogation, the statute does not apply to liens on vehicles because S.D.C.L. Ch. 32-3 specifically governs the perfection and enforcement of liens on vehicles.
Full Bankruptcy Court Decision: