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IN RE YORK

Bankruptcy No. 383-01762, Adv. No. 383-0524.

43 B.R. 36 (1984)

In re Clinton W. YORK and Margaret E. York, Debtors. Robert H. WALDSCHMIDT, Trustee, Plaintiff, v. Jimmy C. SMITH, Clinton W. York and Margaret E. York, Defendants.

United States Bankruptcy Court, M.D. Tennessee.

September 17, 1984.

Attorney(s) appearing for the Case

Robert H. Waldschmidt, Cosner & Waldschmidt, Nashville, Tenn., for Trustee.

John T. Gwin, Robinson, Mount Juliet, Tenn., for debtors.

David Dunlap, Hermitage, Tenn., for Jimmie C. Smith.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The issue is whether an application for notation of lien on the title to an automobile which is properly filed but subsequently lost due to error by the filing officials of the State of Tennessee, nevertheless perfects a security interest superior to the trustee in bankruptcy. Because Tennessee law requires both filing and notation of the lien on an automobile title for perfection of a security interest...

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