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IN RE SPANIAK

Bankruptcy No. GT96-83472, Adversary No. 97-88206.

221 B.R. 732 (1998)

In re Victor and Linda SPANIAK, Debtors. James W. BOYD, Plaintiff, v. OLD KENT BANK — PETOSKEY, and Victor and Linda Spaniak, Defendants.

United States Bankruptcy Court, W.D. Michigan.

June 26, 1998.

Attorney(s) appearing for the Case

A. Brooks Darling, Traverse City, MI, for James W. Boyd.

Frederick R. Bimber, Traverse City, MI, for Old Kent Bank-Petoskey.

Wallace H. Tuttle, Traverse City, MI, for Victor and Linda Spaniak.

OPINION REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT

JAMES D. GREGG, Chief Judge.

I. Introduction

Relying on the "strong-arm" powers of 11 U.S.C. § 544, chapter 7 trustee James W. Boyd ("Trustee") commenced this adversary proceeding against defendant Old Kent Bank — Petoskey ("Old Kent") to avoid Old Kent's security interest in a certain mobile home owned by Victor and Linda Spaniak ("Debtors"). The Debtors intervened...

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