In re Kisha Cherida Cole (2025)
Decided: June 26, 2025. Citation: No. 25-21597 (Bankr. W.D. Tenn. June 26, 2025).
Facts
Mississippi diesel shop retained a truck for USD 797.50 labor and additional storage/filing charges; debtor sought bankruptcy turnover and challenged lien perfection because the sale notice went to her former employer. opinion-cole-2025 mirror-title-75 ms-ch85
Holding
Turnover granted in part, conditioned on payment of USD 797.50 labor. Possession perfected the repair lien; certified pre-suit redemption notice concerns liquidation procedure, not creation/perfection. Storage was unsecured under § 85-7-107. The claimed filing fee was not secured without a judgment authorizing enforcement costs. After labor payment the possessory lien ended and turnover was required; creditor could amend its unsecured claim within thirty-five days. opinion-cole-2025 mirror-title-75 ms-ch85
Reasoning
The court separated lien creation, liquidation and surplus accounting. It applied § 75-9-333 and cited Thorp for possessory priority, while preserving the distinction between labor/materials and unadjudicated storage/costs. A future substitute title lien would not necessarily preserve priority against the next mechanic. opinion-cole-2025 mirror-title-75 ms-ch85
Practical impact
A misdirected pre-sale notice is not a holding that possession can never perfect; conversely, perfected possession is not permission to auction without the required notice/order. This order does not establish a right to sell during the bankruptcy stay. opinion-cole-2025 mirror-title-75 ms-ch85
Good-law status and treatment
Full ten-page official signed opinion reviewed, including the complete § 85-7-107 footnote, cost analysis and operative payment/turnover order. It is a 2025 federal application of Mississippi law, not a Mississippi Supreme Court ruling or a decision on airport fleet-lien priority. Enacted 2026 SB2848 changes towing/abandonment, not this holding’s distinction between repair creation and liquidation. No later docket or comprehensive citator outcome is invented. opinion-cole-2025 mirror-title-75 ms-ch85
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