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IN RE PERIANDRI

No. 00-8087.

266 B.R. 651 (2001)

In re Jerome John PERIANDRI, Debtor. Alan J. Treinish, Chapter 7 Trustee, Plaintiff-Appellant, v. Norwest Bank Minnesota, N.A., et al., Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed September 10, 2001.

Attorney(s) appearing for the Case

Stephen D. Hobt, Cleveland, Ohio, argued and on brief, for Appellant.

Amelia A. Bower, Cleveland, Ohio, argued and on brief, for Appellees.

Before: BROWN, COOK, and HOWARD, Bankruptcy Appellate Panel Judges.

OPINION

WILLIAM HOUSTON BROWN, Bankruptcy Appellate Panel Judge.

The Chapter 7 trustee appeals the bankruptcy court's order granting summary judgment to Norwest Bank Minnesota, N.A. ("Norwest") based on Ohio's lis pendens statute, Ohio Rev.Code § 2703.26. The bankruptcy court's order assumes that the Chapter 7 trustee could not obtain the status of a bona fide purchaser under Ohio law in order to avoid Norwest's mortgage under 11 U.S.C. § 544(a...

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