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Secured Transactions Keyed to Lopucki
In re Giaimo
Citation:
440 B.R. 761 (6th Cir. BAP 2010)Facts
On June 11, 2009, Evonne M. Giaimo filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code. One of the debtors’ schedules of assets was a 2008 Toyota RAV 4. The debtor purchased the vehicle with an interest free loan from her grandmother, Veronica O’Keefe. William Todd Drown was appointed trustee of the debtor’s bankruptcy estate. The debtor provided the trustee with the application for the certificate of title prepared by the dealership where the vehicle was purchased. The application contained a description of the vehicle, identified O’Keefe as the lienholder. There is no evidence of a written security agreement between the debtor and O’Keefe.
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