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In re Rye, Case No. 91-21421-7 (10/07/1991) -- Judge Thomas S. Utschig

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


Date: 
Monday, October 7, 1991