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IN RE NORTH

Bankruptcy No. 2-03-15266-PHX-RJH. Adversary No. 04-00052.

310 B.R. 152 (2004)

In re Gerald D.W. NORTH, Debtor. Gerald D.W. North, Plaintiff, v. Desert hills Bank, Defendant.

United States Bankruptcy Court, D. Arizona.

May 27, 2004.

Attorney(s) appearing for the Case

Ronald J. Ellett, Jay S. Volquardsen, Phoenix, AZ, for Debtor.

John J. Fries, Ryley Carlock & Applewhite, Phoenix, AZ, for Desert Hills Bank.

Steve Brown, Steven Brown & Associates PC, Phoenix, AZ, for Trustee Diane Mann.

OPINION ON DESERT HILLS' MOTION FOR PARTIAL SUMMARY JUDGMENT

RANDOLPH J. HAINES, Bankruptcy Judge.

The issue here is whether an application for a duplicate certificate of title is sufficient to perfect a lien against a motor vehicle when the original certificate of title remains in existence and reflects no lien. We conclude that it is sufficient to perfect the lien, at least with respect to a hypothetical judicial lien creditor who has not acted in detrimental...

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