IN RE BRITT

Bankruptcy No. 0:06-bk-00123-RJH, Adversary No. 0:06-ap-00029-RJH.

369 B.R. 526 (2007)

In re Rick BRITT, Debtor. William E. Pierce, Plaintiff, v. Bank of the West, Defendant. Bank of the West, Third Party Plaintiff, v. Bradley Chevrolet, Third Party Defendant.

United States Bankruptcy Court, D. Arizona.

May 2, 2007.


Attorney(s) appearing for the Case

Danelle G. Kelling, Esq., John G. Sestak, Jr., Esq., Jennings, Strouss & Salmon, PLC, Phoenix, AZ, Attorneys for Bank of the West.

Kenneth E. Moyer, Esq., Wachtel, Biehn & Malm, Lake Havasu City, AZ, Attorneys for Bradley Chevrolet.

Michael P. Lane, Esq., Lane & Nach, P.C., Phoenix, AZ, Attorneys for William Pierce, Trustee.


OPINION GRANTING SUMMARY JUDGMENT IN FAVOR OF THIRD PARTY DEFENDANT BRADLEY CHEVROLET

RANDOLPH J. HAINES, Bankruptcy Judge.

This case concerns a car dealer's warranty to provide its financing bank a "sole perfected first lien security interest in the vehicle to be conveyed to bank." The question is whether this warranty is breached when the dealer perfects the lien after 30 days, the buyer files bankruptcy within 90 days, and the trustee avoids the lien as...

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