In re Giaimo
United States Court of Appeals for the Sixth Circuit Bankruptcy Appellate Panel
440 B.R. 761 (2010)
Evonne Giaimo (debtor) purchased a car with a loan from her grandmother, Veronica O’Keefe (creditor). While Giaimo and O’Keefe did not execute any formal loan documents, Giaimo identified O’Keefe as the lienholder on both the application for the certificate of title to the car and on the certificate of title itself. Giaimo later filed for chapter 7 bankruptcy. Giaimo sought to establish during bankruptcy proceedings that O’Keefe was in fact the lienholder of the car. The bankruptcy trustee filed a complaint alleging no written security agreement existed to create a valid security interest in the vehicle under Ohio law. The bankruptcy court granted summary judgement to the trustee. Giaimo appealed.
Rule of Law
Holding and Reasoning (Harris, J.)
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