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IN RE KINDERKNECHT

Bankruptcy No. 02-20733-7-JTF, Adversary No. 02-6049.

300 B.R. 47 (2003)

In re Terrance Joseph KINDERKNECHT, Debtor. Carl R. Clark, Trustee, Plaintiff, v. Deere and Company and Deere Credit Services, Inc., Defendants.

United States Bankruptcy Court, D. Kansas.

October 14, 2003.

Attorney(s) appearing for the Case

Don C. Staab, Hays, KS, for Debtor.

Carl R. Clark, Lentz & Clark, P.A., Overland Park, KS, for Trustee.

MEMORANDUM OPINION1

JOHN T. FLANNAGAN, Bankruptcy Judge.

A bankruptcy trustee can use § 544(a)(1) of the Bankruptcy Code to avoid a security interest in personal property that is unperfected on the date of the bankruptcy petition.2 Under Revised Article 9 of the Kansas Uniform Commercial Code, a filed financing statement will perfect a security...

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