Logan v. Chesrown Rapid Credit A/S (In re Weaver)

131 B.R. 804, 1991 U.S. Dist. LEXIS 13400, 22 Bankr. Ct. Dec. (CRR) 216
CourtDistrict Court, S.D. Ohio
DecidedSeptember 23, 1991
DocketNo. C2-91-250
StatusPublished
Cited by3 cases

This text of 131 B.R. 804 (Logan v. Chesrown Rapid Credit A/S (In re Weaver)) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Logan v. Chesrown Rapid Credit A/S (In re Weaver), 131 B.R. 804, 1991 U.S. Dist. LEXIS 13400, 22 Bankr. Ct. Dec. (CRR) 216 (S.D. Ohio 1991).

Opinion

OPINION AND ORDER

GRAHAM, District Judge.

Chesrown Rapid Credit (“Chesrown”), defendant in the proceeding below, appeals from an order of the United States Bankruptcy Court. The issue presented on appeal is whether the bankruptcy court erred in declaring void Chesrown’s lien on a 1987 Plymouth Reliant. This court has jurisdiction over this appeal pursuant to 28 U.S.C. § 158(a).

I.

The facts are not disputed. On June 29, 1990, the debtor, Connie S. Weaver, entered into a retail installment contract and security agreement with Chesrown for the purpose of financing the purchase of a 1987 Plymouth Reliant from Chesrown Oldsmobile. The purchase price was $5,215.00. Weaver also took possession of the 1987 Plymouth on June 29, 1990. On July 6, 1990, Weaver filed a voluntary bankruptcy petition under Chapter 7 of the Bankruptcy Reform Act of 1978, as amended, 11 U.S.C. § 701 et seq. On July 18, 1990, the clerk of the Franklin County, Ohio Common Pleas Court issued a Certificate of Title for the 1987 Plymouth with Chesrown’s lien noted thereon.

On September 12, 1990, the trustee filed an adversary action seeking to avoid Ches-rown’s lien. The trustee filed a motion for summary judgment. Chesrown responded and also filed its own summary judgment motion.

The trustee sought to avoid Chesrown's lien under 11 U.S.C. §§ 547(b), 544 and 549. Chesrown argued that the trustee could not avoid the lien under § 547(b) because under Ohio Revised Code (“ORC”) § 4505.-04(A) and (B), Weaver could not have any legal interest in the car until the title was transferred, and the transfer was, in any event, either a contemporaneous exchange or the security interest was perfected within ten days after Weaver took possession of the car.

On February 15, 1991, the bankruptcy court entered an opinion and order granting the trustee’s motion for summary judgment, and entered a final judgment on March 7, 1991 declaring Chesrown’s lien on the subject car to be void and of no effect. Chesrown appeals from the bankruptcy court’s final judgment and opinion and order.

II.

A bankruptcy court’s findings of fact must be upheld unless they are clearly erroneous. Bankr.R. 8013; In re Southern Industrial Banking Corp., 809 F.2d 329, 331 (6th Cir.1987). A bankruptcy court’s conclusions of law, however, are reviewed de novo. Stephens Industries, Inc. v. McClung, 789 F.2d 386, 389 (6th Cir.1986).

[806]*806The factual findings of the bankruptcy court are not at issue in the instant appeal. Rather, Chesrown appeals on the basis that the bankruptcy court allegedly misapplied the law.

III.

The threshold issue is whether, in the light of ORC § 4505.04, the notation of the lien on the car title constituted a “transfer of property of the debtor,” 11 U.S.C. § 544; a “transfer of the property of the estate,” § 549(a); or a “transfer of an interest of the debtor in property,” § 547(b). The bankruptcy court held that the trustee was entitled to avoid Chesrown’s lien under all three of these Bankruptcy Code sections. Chesrown argues that each of the sections quoted above states essentially the same requirement, viz, a transfer of the estate’s or debtor's property, and that ORC § 4505.04 prevented Weaver from having any property interest in the car until the title was transferred. Chesrown further contends that as a result, no transfer of the debtor’s property took place because the debtor in this case had no interest which could be transferred. Rather, Chesrown argues, the issuance of the title acted to transfer property to Weaver’s estate, not from it.

The Court agrees with Chesrown that §§ 544, 547 and 549 all require a transfer of the property of the debtor or the debtor's estate. It is axiomatic that the nature and extent of a debtor’s interest in property are to be determined according to principles of state law. In re Terwilliger’s Catering Plus, Inc., 911 F.2d 1168, 1172 (6th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 2815, 115 L.Ed.2d 987 (1991). Once the extent of the debtor’s interest is established federal bankruptcy law dictates whether the interest is property of the estate. Id.

ORC § 4505.04 states in part as follows:

(A) No person acquiring a motor vehicle from its owner, whether the owner is a manufacturer, importer, dealer, or any other person, shall acquire any right, title, claim, or interest in or to the motor vehicle until such person has had issued to him a certificate of title to the motor vehicle, or delivered to him a manufacturer’s or importer’s certificate for it; and no waiver or estoppel operates in favor of such person against a person having possession of the certificate of title to, or manufacturer’s or importer’s certificate for, the motor vehicle, for a valuable consideration.
(B) Subject to division (C) of this section, no court shall recognize the right, title, claim, or interest of any person in or to any motor vehicle sold or disposed of, or mortgaged or encumbered, unless evidenced:
(1) By a certificate of title, a manufacturer’s or importer’s certificate, or a certified receipt of title cancellation to an exported motor vehicle issued in accordance with sections 4505.01 to 4505.19 of the Revised Code;
(2) By admission in the pleadings or stipulation of the parties;
(3) In an action by a secured party to enforce a security interest perfected under sections 1309.01 to 1309.50 of the Revised Code in accordance with division (A) of section 4505.13 of the Revised Code, by an instrument showing a valid security interest.

Under ORC § 4505.04, neither Weaver nor her estate acquired rights in the car until the certificate of title was issued. See In re Trott, 91 B.R. 808 (Bankr.S.D.Ohio 1988); In re Lorandos, 58 B.R. 519 (S.D.Ohio 1986); In re Stump, 51 B.R. 482 (S.D.Ohio 1985). This Court is aware of narrowly drawn exceptions to the literal application of ORC § 4505.04. See, e.g., In re Akron-Cleveland Auto Rental, Inc.,

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131 B.R. 804, 1991 U.S. Dist. LEXIS 13400, 22 Bankr. Ct. Dec. (CRR) 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/logan-v-chesrown-rapid-credit-as-in-re-weaver-ohsd-1991.