IN RE HICKS

No. 06-3243.

491 F.3d 1136 (2007)

In re Jon A. HICKS; Amy E. Hicks, Debtors. J. Michael Morris, Trustee, Plaintiff-Appellant, v. Jon A. Hicks; Amy E. Hicks, Defendants, and Boeing Wichita Credit Union, Defendant-Third-Party-Plaintiff-Appellee, v. State of Kansas, Department of Revenue, Division of Vehicles, Third-Party-Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 25, 2007.


Attorney(s) appearing for the Case

Submitted on the briefs:*

J. Michael Morris, Klenda, Mitchell, Austerman & Zuercher, L.L.C., Wichita, KS, for Plaintiff-Appellant.

Eric D. Bruce, Bruce, Bruce & Lehman, L.L.C., Wichita, KS, for Defendant-Third-Party-Plaintiff-Appellee Boeing Wichita Credit Union.

Jay D. Befort, Robert W. Challquist, Kansas Department of Revenue, Topeka, KS, for Third-Party-Defendant-Appellee Kansas Department of Revenue.

Before McCONNELL, PORFILIO, and BALDOCK, Circuit Judges.


PORFILIO, Circuit Judge.

J. Michael Morris, trustee in bankruptcy (trustee), appeals from an order of the district court reversing a decision of the bankruptcy court that granted his complaint for lien avoidance. We conclude that the bankruptcy court correctly determined that the lien the trustee sought to avoid was not perfected as of the date the debtors filed for bankruptcy. The trustee should therefore have been permitted...

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