Drown v. Perfect (In re Giaimo)

440 B.R. 761 (2010)

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Drown v. Perfect (In re Giaimo)

United States Bankruptcy Appellate Panel for the Sixth Circuit
440 B.R. 761 (2010)

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Facts

In 2008, Evonne Giaimo (debtor) purchased a Toyota Rav 4 vehicle using a loan from her grandmother, Veronica O’Keefe (creditor). Giaimo executed an application for a certificate of title from Ohio. The application provided a description of the Toyota Rav 4, including the vehicle identification number. The application also identified O’Keefe as the lienholder on the vehicle, indicating O’Keefe’s full name and address. The Ohio certificate of title also named O’Keefe as the lienholder. No other documents referenced O’Keefe’s interest in the vehicle. In June 2009, Giaimo filed for Chapter 7 bankruptcy under the United States Bankruptcy Code. Thereafter, William Drown (plaintiff) was appointed as the trustee of Giaimo’s bankruptcy estate. Drown filed an adversary complaint against O’Keefe, asserting that O’Keefe did not have a valid security interest in the Toyota Rav 4. Maureen Perfect (defendant), the executor of O’Keefe’s estate, was substituted for O’Keefe in the proceedings. The bankruptcy court granted summary judgment for Drown, and Perfect appealed.

Rule of Law

Issue

Holding and Reasoning (Harris, J.)

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