On October, 13, 2011, the debtor, Carl Davis, purchased and tookpossession of a 2010 BMW 328i. The debtor granted a securityinterest in the car to the dealer in the purchase contract, whichthe dealer then assigned to BMW. On Dec. 24, 2011, the Departmentof Motor Vehicles issued a certificate of title for the car, notingBMW's security interest. BMW did not file a financing statement. OnJanuary24, 2012, less than 90 days after BMW's lien was noted onthe certificate of title, the debtor petitioned for relief underChapter 7 of the Bankruptcy Code, listing the car as the bankruptcyestate's only asset. The Trustee in Bankruptcy argued that BMW'ssecurity interest was never properly perfected since BMW neverfiled a financing statement, and was, therefore, inferior to itsclaim.
write a brief on behalf of Plaintiff or Defendant. Your gradewill be based upon: (1) quality of writing(2) depth of analysis andlegal reasoning(3)quality of research--you must cite at least oneexternal source that guided the analysis. (4) demonstrated abilityto use MSWord in an appropriate and professional manner
[I. Statement of the Facts (Brief recitation of the facts) II.Issue (Legal question) III. Application (Apply the law to thefacts) IV. Decision (Conclusion)]
