In re Fluellen

By:  Henry E. Hildebrand, III, Chapter 13 Trustee Middle District of Tennessee

In re Fluellen, 2011 WL 986342 (Bankr. M.D. Ga. March 18, 2011) (Smith)

Where the Chapter 13 Trustee had actual knowledge of the timing of the perfection of a security interest in the Debtor’s car at the time of confirmation, confirmation bars the Trustee from subsequently pursuing an avoidance action.

Case Summary

Acorn financed the Debtor’s purchase of an automobile on June 10, 2010.  The Debtor filed a Chapter 13 petition on July 21 but Acorn did not seek . . .

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