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IN RE MULLER

Bankruptcy No. 93-08976. Adv. No. 95-0045A.

185 B.R. 552 (1995)

In re Ronald Douglas MULLER and Regina Lynn Muller, Debtors. Robert H. WALDSCHMIDT, Chapter 7 Trustee, Plaintiff, v. Leslie A. DENNIS, America's Wholesale Lender and Countrywide Funding Corp., Defendants.

United States Bankruptcy Court, M.D. Tennessee.

August 22, 1995.

Attorney(s) appearing for the Case

Robert H. Waldschmidt, Howell & Fisher, Nashville, TN, for plaintiff.

Ernest Williams, IV, Sabin R. Thompson, Williams & Prochaska, P.C., Nashville, TN, for defendants.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The issue is whether the Chapter 7 trustee's status as a judgment lien creditor under 11 U.S.C. § 544(a)(1) defeats an unrecorded deed of trust. The trustee prevails because under Tennessee law an unrecorded deed of trust is null and void as to a judgment lien creditor. The following are findings of fact and conclusions of law. FED.R.BANKR.P. 7052.

I.

In July 1989, the debtors' purchase...

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