The debtor objected to a creditor's secured claim, asserting that the claim should be treated as an unsecured claim because the security interest was not properly perfected prior to the filing date of the petition. Analyzing the electronic titling and registration of motor vehicle provisions in the Virginia Code, the Court found that the creditor properly perfected its security interest prior to the petition date when the lien application was filed with the Department of Motor Vehicles pursuant to Virginia Code section 46.2-639. Thus, the Court found that the creditor was the holder of an allowed secured claim.
File:
Judge:
Date:
Wednesday, May 23, 2018
Category:
Claim Objections
Classification of Claims
Chapter:
13