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IN RE MESSENGER

Bankruptcy No. 93-07080-KL3-7. Adv. No. 393-0432A.

166 B.R. 631 (1994)

In re Roger A. MESSENGER, Jr. and Sheryl B. Messenger, Debtors. Robert H. WALDSCHMIDT, Trustee, Plaintiff, v. CHRYSLER CREDIT CORP., Defendant.

United States Bankruptcy Court, M.D. Tennessee.

April 8, 1994.

Attorney(s) appearing for the Case

Robert H. Waldschmidt, Trustee, Nashville, TN, pro se.

W. Neal McBrayer, Nashville, TN, for Chrysler Credit Corp.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The question presented is whether Chrysler Credit's efforts to perfect a security interest in the debtor's truck during the 90 days before bankruptcy created an avoidable preference. The security interest is avoidable. The following are findings of fact and conclusions of law. Fed.R.Bankr.P. 7052.

I

On May 5, 1993 the debtor took delivery from a car dealer of a Dodge truck with vehicle...

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