Skip to main content
Home

Main navigation

  • NC Bankruptcy Cases
    • Eastern District
    • Middle District
    • Western District
  • NC Courts
    • 4th Circuit Court of Appeals
    • NC Court of Appeals
    • NC Business Court
    • NC Supreme Court Cases
  • Federal Cases
  • Law Reviews & Studies
    • Book Reviews
  • NC Legislative History
  • Student Loan Debt
User account menu
  • Log in

Breadcrumb

  1. Home
  2. Blogs

Bankr. E.D.N.C.: In re Hutton- Perfection of Judgment Lien against Motor Vehicle Following Levy

Profile picture for user Ed Boltz
By Ed Boltz, 28 August, 2017
Summary: Mr. Hutton’s vehicles were seized in a levy by the Onslow County Sheriff’s Department in executing on a judgment obtained by Principis. After filing bankruptcy, Mr. Hutton sought turnover of the vehicle and asserted that the possessory lien held by Principii had not been perfected by recordation with the North Carolina DMV. In narrowly construing and distinguishing several decisions from the North Carolina Supreme Court and Court of Appeals, the bankruptcy court rejected the argument by Principis that recordation is required to perfect a lien under N.C.G.S. § 20-58 only if there is a “security interest” as defined in N.C.G.S. § 20-4.01(41) to have been created by agreement (which a judgment lien is not.) The bankruptcy court relied on the narrow exceptions in N.C.G.S. § 20-58.8, which did not include liens created through judicial proceedings, to find that the failure to record a lien meant that it was unperfected. Commentary: As Rule 7001(1) requires turnover be sought by adversary proceeding and Rule 7001(2) requires the same to determine the validity of a lien, it is unclear why Principis even tacitly consented to this matter being heard by motion. The speedier nature of motion practice does make sense when it is just a question of turnover, both as storage costs continued to mount and so too would potential damages from violating the stay by retaining property, but here the secured status was lost without the full due process protections of an adversary proceeding. That aside, as the possessory lien was a transfer, whether perfected or not, within 90 days of the filing of bankruptcy (actually only 8 days), that lien could have been avoided as an involuntary preference by Mr. Hutton pursuant to 11 U.S.C. § 522(h). This would seem to have been a more modest means to the same end. For a copy of the opinion, please see: Hutton- Perfection of Judgment Lien against Motor Vehicle Following Levy

Blog comments

Category
North Carolina Bankruptcy Cases
Eastern District

About Us

Mountain View The purpose of the NC Bankruptcy Expert blog is to provide legal professionals with a consolidated resource for updates and case summaries about issues and decisions affecting bankruptcy, foreclosures, mortgages, and debt collection.

 
Lawyer Edward Boltz | Top Attorney Chapter 7

NC Bankruptcy Expert FREE Consultation

We Offer A Free Bankruptcy Consultation which has helped over 70,000 North Carolina families. We serve the entire state of North Carolina.

Proud Member of:












Categories

  • 4th Circuit Court of Appeals
  • Book Reviews
  • District Courts
  • Eastern District
  • Ed Boltz: Bankruptcy Attorney
  • Federal Cases
  • Forms
  • Home
  • Law Reviews & Studies
  • Middle District
  • Mortgage Modification Mediation Documents
  • NC Business Court
  • NC Court of Appeals
  • NC Courts
  • NC Supreme Court Cases
  • News
  • North Carolina Bankruptcy Cases
  • North Carolina District Court Cases
  • North Carolina Exemptions Legislative History
  • Student Loan Debt
  • Student Loan Options and Chapter 13 Bankruptcy
  • Western District
RSS feed
v. 1.2.2, © 2013-2025 ncbankruptcyexpert.com, all rights reserved. Follow @edboltz