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In re Fryseth, Case No. 11-12489-7 (09/14/2011) -- Judge Thomas S. Utschig

Case Summary:
The debtors attempted to avoid a lien on a car on the grounds that the lien had not been properly assigned.  The court found that the lien had been assigned under the terms of Wis. Stat. § 342.21, which provides that a secured party may assign a security interest in a vehicle and that upon assignment, the assignee does not need to reissue the certificate of title with the assignee named as the secured party.  Under Wisconsin law, the assignment affected neither the owner’s interest nor the validity of the original security interest.  The debtors could not avoid the lien.

Statute/Rule References:
Wis. Stat. § 342.21-- Assignment of Security Interest

Key Terms:
Assignment of Security Interest
Security Interest - Assignment


Date: 
Wednesday, September 14, 2011