IN RE JOHNSON

No. 06-8055.

380 B.R. 455 (2007)

In re Michael W. JOHNSON, Debtor. Robin Browning Brock, Trustee Plaintiff-Appellant, v. Branch Banking & Trust Co., Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: December 21, 2007.


Attorney(s) appearing for the Case

ARGUED: Carolen M. Friend, Friend & Associates, Lexington, Kentucky, for Appellant. Christopher A. Conley, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Ashland, KY, for Appellee. ON BRIEF: Carolyn. M. Friend, Friend & Associates, Lexington, KY, for Appellant. Christopher A. Conley, Keri E. Hieneman, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Ashland, KY, for Appellee.

Before: GREGG, LATTA & PARSONS, Bankruptcy Appellate Panel Judges.


OPINION

MARCIA PHILLIPS PARSONS, Bankruptcy Judge.

In this pre-BAPCPA preference action, the trustee appeals the bankruptcy court's ruling that the lien on the debtor's motor vehicle was protected from avoidance by the enabling loan exception, which excepts from avoidance certain security interests perfected within 20 days of the debtor's possession of the collateral. Although the security interest in this case was not actually perfected until it was noted...

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