In re Roser

613 F.3d 1240 (2010)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

In re Roser

United States Court of Appeals for the Tenth Circuit
613 F.3d 1240 (2010)

JC

Facts

Robert James Roser (debtor) obtained a secured loan to purchase a car on May 19, 2007 and took possession of the vehicle the same day. On June 7, 2007, 19 days later, Sovereign Bank (creditor) filed its lien as required by Colorado law. The Colorado Uniform Commercial Code (UCC) gave priority over other security interests to a purchase-money security interest that is filed within 20 days of the debtor taking possession of the collateral. However, on May 31, 2007, Roser filed for Chapter 7 bankruptcy. The Bankruptcy Court for the District of Colorado held that the bankruptcy trustee could avoid Sovereign Bank’s lien because that lien had not been perfected before the filing of Roser’s bankruptcy petition, giving the trustee priority. The court believed that Colorado’s auto-titling statute superseded the UCC and made the question solely whether the lien or the bankruptcy petition was filed first. That court also held that Sovereign Bank’s filing of its lien violated the automatic stay of bankruptcy. Sovereign Bank appealed, arguing that the Colorado UCC gave its claim priority over the trustee’s interest because its claim was a purchase-money security interest (PMSI) and had been filed within 20 days of the debtor taking possession of the collateral. The trustee argued that because the filing postdated Roser’s bankruptcy petition, the filing violated the automatic stay and was ineffective.

Rule of Law

Issue

Holding and Reasoning (Hartz, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership