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IN RE KUHN

Bankruptcy No. 07-13105. Adversary No. 08-5089.

408 B.R. 528 (2009)

In re Nicholas K. KUHN, Debtor. Nicholas K. Kuhn, Plaintiff, v. Joan Wagnon, Secretary, State of Kansas Department of Revenue (Division of Vehicles); Carl B. Davis, Trustee; Citizens Automobile Finance, Inc.; and Citizens Bank, Defendants.

United States Bankruptcy Court, D. Kansas.

July 6, 2009.

Attorney(s) appearing for the Case

Calvin L. Wiebe, Wichita, KS, for Plaintiff.

Secretary of the State of Kansas Department of Revenue, Topeka, KS, pro se.

Carl Davis, Wichita, KS, pro se.

Adam K. Berman, J. Brock Rowatt, Berman & Rabin, P.A., Overland Park, KS, for Defendants.

Citizens Automobile Finance, Inc., pro se.

MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

DALE L. SOMERS, Bankruptcy Judge.

The matter under advisement is Nicholas K. Kuhn's (hereafter the Plaintiff or Debtor) motion for summary judgment on the issue of whether the lien of Defendant Citizens Bank (hereafter Citizens or Bank) on Debtor's 2005 Ford truck is ineffective because prepetition Citizens obtained a judgment on Debtor's note secured by the truck but failed to...

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