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IN RE SORSBY

No. 29697.

559 S.E.2d 45 (2001)

210 W.Va. 708

In re: William F. SORSBY, III, Debtor. Martin P. Sheehan, Trustee, Plaintiff, v. WFS Financial, Inc., Defendant. and Ronald Burton Squires and Marsha Renea Squires, Debtors, Martin P. Sheehan, Trustee, Plaintiff, v. Mercedes-Benz Credit Corp., Defendant.

Supreme Court of Appeals of West Virginia.

Decided December 7, 2001.

Dissenting Opinion of Chief Justice McGraw January 14, 2002.

Attorney(s) appearing for the Case

Martin P. Sheehan, Sheehan & Nugent, PLLC, Wheeling, for the Trustee of the Estate of William Sorsby, III, et al.

Thomas L. Canary, Jr., Mapother & Mapother, Louisville, Kentucky, James D. Keffer, Mapother & Mapother, Huntington, for Defendant Mercedes-Benz Credit Corp.

James C. Gardill, Denise Knouse-Snyder, Bryan J. Warren, Phillips, Gardill, Kaiser & Altmeyer, Wheeling, Julia A. Chincheck, Sandra M. Murphy, Bowles, Rice, McDavid, Graff & Love, PLLC, Charleston, for Amici Curiae Westbanco Bank, Inc. and The West Virginia Banker's Association.

Thomas B. Miller, James A. Byrum, Jr., Schrader, Byrd & Companion, PLLC, Wheeling, for the Debtor, William F. Sorsby, III and Attorneys for the Defendant, WFS Financial, Inc.

Daniel T. Booth, Booth & McCarthy, Bridgeport, for Amicus Curiae Volvo Commercial Finance LLC the Americas, f/k/a/ Volvo Truck Finance North America.

DAVIS, Justice.

This case involves a question certified from the United States Bankruptcy Court for the Northern District of West Virginia that asks us to determine the proper treatment of motor vehicle liens perfected in states other than West Virginia in light of two apparently conflicting West Virginia statutes, W. Va. Code § 17A-4A-14 (1961) (Repl.Vol.2000), which is a provision of the West Virginia Motor Vehicle Code, and W. Va.Code § 46-9-103(2) (1996...

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