IN RE MOSLEY

Bankruptcy No. 18500338.

55 B.R. 341 (1985)

In re Hugh MOSLEY, Gladys L. Mosley, Debtors.

United States Bankruptcy Court, W.D. Kentucky.

December 2, 1985.


Attorney(s) appearing for the Case

Henry Dickinson, Glasgow, Ky., trustee.

Steve Hixson, Bowling Green, Ky., for Citizens Nat. Bank.

Ray B. White, Bowling Green, Ky., for debtors.


MEMORANDUM OPINION

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

In this case under the "strong-arm clause" of the Bankruptcy Code, 11 U.S.C. § 544, a 29-acre tract of land is the subject of a dispute between the bankruptcy trustee and a bank which mistakenly released its mortgage just before the landowners' bankruptcy. Trustee Henry Dickinson, arguing with the righteous persuasion to be expected from one who has only recently been promoted from thief to...

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