232 F.3d 901 (10th Cir. 2000), 00-7003, Earls v. Greenpoint Credit Corp., Inc.

Docket Nº:00-7003.
Citation:232 F.3d 901
Party Name:In re Betty Ann EARLS, Debtor. Joseph Q. ADAMS, Trustee, Plaintiff-Appellee, v. GREENPOINT CREDIT CORPORATION, INC., Defendant-Appellant.
Case Date:October 06, 2000
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit

Page 901

232 F.3d 901 (10th Cir. 2000)

In re Betty Ann EARLS, Debtor.

Joseph Q. ADAMS, Trustee, Plaintiff-Appellee,

v.

GREENPOINT CREDIT CORPORATION, INC., Defendant-Appellant.

No. 00-7003.

United States Court of Appeals, Tenth Circuit

October 6, 2000

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA10 Rule 36.3 regarding use of unpublished opinions)

2000 CJ C.A.R. 5758

Before TACHA, EBEL, and LUCERO, Circuit Judges.

ORDER AND JUDGMENT [*]

TACHA.

After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed.R.App.P. 34(f); 10th Cir.R. 34.1(G). The case is therefore ordered submitted without oral argument.

Defendant Greenpoint Credit Corp. appeals the Bankruptcy Appellate Panel's affirmance of the bankruptcy court's decision authorizing the bankruptcy trustee to avoid Greenpoint's lien as a preference. We affirm.

The debtor bought a manufactured home in November 1998, and the dealer assigned its security interest to Greenpoint. On February 1, 1999, Greenpoint filed a lien entry form with a motor license agent of the Oklahoma Tax Commission, and on March 16, 1999, the debtor filed her bankruptcy petition.

The bankruptcy trustee sued Greenpoint under 11 U.S.C. § 547, seeking to avoid its lien as a preference. He argued that the lien was perfected when Greenpoint filed the lien entry form, pursuant to Okla.Stat. tit. 47, § 1110(A)(1), which was within ninety days of the petition. Greenpoint argued that the manufactured home was a consumer good and thus its security interest was automatically perfected under Okla.Stat. tit. 12A, § 9-302(1)(d). The bankruptcy court held that because the manufactured home was a "vehicle" pursuant to § 1110(A)(1), Greenpoint's security interest in the home was not perfected until the lien entry form was delivered to the motor license agent. On this basis, the bankruptcy court held the lien was avoidable as a preference. The bankruptcy appellate panel affirmed, and this appeal follows.

The sole issue in this case is whether, under Oklahoma law, a manufactured home is a vehicle, as defined in Okla.Stat. tit. 47, § 1110, which requires that a lien entry form be filed to perfect a security interest. We review this question of state law de novo. See Salve Regina College v. Russell, 499 U.S. 225, 231 (1991) (holding federal court determination of state law is reviewed de novo).

Greenpoint argues that its security interest was perfected automatically upon purchase, pursuant to Okla.Stat. tit. 12A, § 9-302(1)(d), which provides that a purchase money security interest in consumer goods is automatically perfected unless the collateral is "a vehicle as provided in paragraph (i) of this subsection." Paragraph (i), in turn, provides that a financing statement need not be filed to perfect a security interest "in a vehicle as defined in Section 1110 of Title 47 of the Oklahoma Statutes for which a certificate of title may be properly issued by the Oklahoma Tax Commission, except as otherwise provided for in Section 1110 of Title 47." Okla.Stat. tit. 12A,§ 9-302(1)(i). Section 1110 of title 47 states:

A. 1. Except for a security interest in vehicles held by a dealer...

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