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IN RE ZAPTOCKY

BAP No. 98-8091.

232 B.R. 76 (1999)

In re Bernard L. ZAPTOCKY, and Gloria J. Zaptocky, Debtors. David O. Simon, Chapter 7 Trustee, Plaintiff-Appellee, v. Chase Manhattan Bank, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed April 16, 1999.

Attorney(s) appearing for the Case

Amelia A. Bower, Cleveland, Ohio, on brief, for Appellant.

Stephen D. Hobt, Cleveland, Ohio, on brief, for Appellee.

Before: BROWN, RHODES, and WALDRON, Bankruptcy Appellate Panel Judges.

OPINION

Appellant Chase Manhattan Bank appeals the bankruptcy court's determination that its mortgage on the home of the joint Chapter 7 Debtors, Bernard L. and Gloria J. Zaptocky, is avoidable by the Chapter 7 Trustee pursuant to 11 U.S.C. § 544(a) because the execution of the mortgage was not properly witnessed in accordance with Ohio law. We AFFIRM.

I. ISSUES ON APPEAL

This appeal presents two issues: (1) whether the bankruptcy...

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