IN RE BALL

Bankruptcy No. 01-12954. Adversary No. 01-5148.

281 B.R. 706 (2002)

In re Monty L. BALL, Dixie R. Ball, Debtors. J. Michael Morris, Trustee, Plaintiff, v. General Motors Acceptance Corporation, Monty L. Ball and Dixie R. Ball, Defendants.

United States Bankruptcy Court, D. Kansas.

August 7, 2002.


Attorney(s) appearing for the Case

J. Michael Morris, Wichita, KS, pro se.

Connie J. Nordboe-Tinker, Robbins, Tinker, Smith & Tinker, Wichita, KS, for General Motors Acceptance Corp.

Ronald J. Sickmann, Wichita, KS, for Monty L. Ball and Dixie R. Ball.


MEMORANDUM OPINION

ROBERT E. NUGENT, Bankruptcy Judge.

This is an adversary proceeding pursuant to 11 U.S.C. § 5471 to avoid General Motors Acceptance Corporation's ("GMAC") lien in the debtors' 2000 Chevrolet Tahoe. The Trustee contends that perfection of GMAC's lien in the debtors' vehicle constitutes a preference under § 547(b) and is avoidable. The debtors purchased the vehicle in Oklahoma but promptly brought...

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