Case Summary:
Debtor's motion to avoid the lien of Sears in her washer and dryer pursuant to § 522(f)(2)(a) is denied. Issue of whether Sears was required to file a financing statement to perfect its interest pursuant to Wis. Stat. § 409.302(1)(d) is irrelevant for the court's analysis. Even an unperfected security interest remains valid and enforceable as between the parties to it. Fact that a purchase money security interest is unperfected does not destroy its purchase money status. Chapter 7 trustee took no position as to Sears' lien because the debtor claimed the property as exempt. Trustee thus did not take priority over the lien of Sears.
Statue/Rule References:
11 U.S.C. § 522(f) -- Lien Avoidance
11 U.S.C. § 544 -- Trustee as Lien Creditor
Wis. Stat. § 409.107 -- Purchase Money Security Interest
Wis. Stat. § 409.302 -- Security Interests - Perfection
Key Terms:
Financing Statements – Perfection
Lien Avoidance
Security Interests – Perfection
Security Interests – Purchase Money