IN RE LEWIS

Bankruptcy No. ST 00-03660. Adversary No. 00-88404.

270 B.R. 215 (2001)

In re Kay Lorraine LEWIS, Debtor. James W. Boyd, Chapter 7 Trustee, Plaintiff, v. Superior Bank FSB, Kay Lorraine Lewis, Ronald C. Bigger and Jessica L. DePeel, Defendants.

United States Bankruptcy Court, W.D. Michigan.

November 15, 2001.


Attorney(s) appearing for the Case

Kay Lorraine Lewis, Mancelona, MI, pro se.

James W. Boyd, Zimmerman Kuhn Darling Boyd, Taylor & Quandt, PLC, Traverse City, MI, for trustee.

James W. Batchelor, Grand Rapids, MI, for creditor.


OPINION

JO ANN C. STEVENSON, Bankruptcy Judge.

This matter comes before the Court on Trustee's Motion for Partial Summary Judgment as to Count I of the Complaint and Superior Bank's Motion for Summary Judgment as to All Counts. The principal issue before this Court is whether Superior Bank received preferential treatment under 11 U.S.C. § 547 or whether it is an equitable subrogee of Empire National Bank.

The claims presented in this...

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