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IN RE McMULLEN

Bankruptcy No. 09-13283. Adversary No. 09-5315.

441 B.R. 144 (2011)

In re Vincent R. McMULLEN, Quinnda S. McMullen, Debtors. Laurie B. Williams, Chapter 13 Trustee, Plaintiff, v. Capital Asset Recovery, LLC, Defendant.

United States Bankruptcy Court, D. Kansas.

January 6, 2011.

Attorney(s) appearing for the Case

Christopher T. Micale, Laurie B. Williams, Chapter 13 Trustee, Wichita, KS, for Plaintiff.

Elizabeth A. Carson, Karin N. Tollefson, Bruce Bruce & Lehman LLC, Wichita, KS, for Defendant.

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

The parties submitted this adversary proceeding on stipulated facts and briefs.1 The Trustee invokes her hypothetical lien creditor powers under § 544(a) to avoid defendant's lien in a vehicle on the basis that defendant's security interest became unperfected when the note and security agreement were assigned to it and it failed to cause its name to be shown on the...

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