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IN RE FASICK

No. 1:99-CV-74, Adversary No. 98-88179.

234 B.R. 891 (1999)

In re Mark Randall FASICK and Susan Claire Fasick, Debtors. Thomas R. Tibble, Trustee, Plaintiff/Appellee, v. Huntington National Bank, Successor in Interest to FMB-First Michigan Bank, Defendant/Appellant.

United States District Court, W.D. Michigan, Southern Division.

May 5, 1999.

Attorney(s) appearing for the Case

Ronald J. VanderVeen, Cunningham Dalman, PC, Holland, MI, for Huntington Bank, Successor In Interest to FMB-First Michigan Bank fka First Michigan Bank (FMB), appellant.

Thomas C. Richardson, Deming, Hughey, Chapman, Richardson, PC, Kalamazoo, MI, Office of the U.S. Trustee, Grand Rapids, for Thomas R. Tibble, Trustee, appellees.

Thomas C. Richardson, Deming, Hughey, Chapman, Richardson, PC, Kalamazoo, MI, for Debtors.

OPINION

BELL, District Judge.

Defendant/Appellant Huntington National Bank, successor in interest to FMB-First Michigan Bank ("FMB") appeals the Bankruptcy Court's November 30, 1998, order granting the Trustee's motion for summary judgment. The bankruptcy court held that FMB's security interest in the Debtor's semi-tractor truck was subordinated to the rights of the Trustee and avoided in accordance with 11 U.S.C. § 544(a)(1).

I.

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