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IN RE JOHNSON

No. 08-5088.

611 F.3d 313 (2010)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 2, 2010.

Attorney(s) appearing for the Case

ARGUED: Christopher A. Conley, Campbell Woods, PLLC, Ashland, Kentucky, for Appellant. Carole M. Friend, Friend & Associates, Georgetown, Kentucky, for Appellee. ON BRIEF: Christopher A. Conley, Campbell Woods, PLLC, Ashland, Kentucky, for Appellant. Carole M. Friend, Friend & Associates, Georgetown, Kentucky, for Appellee.

Before: BATCHELDER, Chief Judge; SUHRHEINRICH and SUTTON, Circuit Judges.

OPINION

SUHRHEINRICH, Circuit Judge.

Defendant Branch Banking and Trust Company ("BB & T") appeals the order of the Bankruptcy Appellate Panel ("BAP") ruling in favor of Plaintiff Robin Browning Brock, Trustee. The BAP held that because perfection of BB & T's security interest did not occur within 20 days of the Debtor's receiving a new pick up truck secured by BB & T, the enabling loan exception of 11 U.S.C. § 547(c)(3) was not available...

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