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IN RE COWAN

No. 01-8011.

273 B.R. 98 (2002)

In re Deborah E. COWAN, Debtor. E. Hanlin Bavely, Trustee, Plaintiff-Appellee, v. Huntington National Bank, et al., Defendants-Appellees. Fifth Third Mortgage Company, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed February 12, 2002.

Attorney(s) appearing for the Case

David A. Freeburg, McFadden & Associates Co., L.P.A., Cleveland, OH, argued on brief, for Appellant.

E. Hanlin Bavely, Cincinnati, Ohio, Stephen C. Crowe, Milford, OH, argued on brief, Elizabeth G. Weber, Deters, Benzinger & LaVelle, P.S.C., Covington, KY, on brief, for Appellees.

Before: COOK, MORGENSTERN-CLARREN, and RHODES, Bankruptcy Appellate Panel Judges.

OPINION

MORGENSTERN-CLARREN, Bankruptcy Judge.

This case presents a variation on the now-common fact pattern in individual Chapter 7 bankruptcy cases filed in Ohio where a Chapter 7 Trustee attempts to set aside a recorded mortgage on real property on the ground that the mortgage was not properly executed under state law, leaving the mortgage holder's interest unperfected. The reported cases to date have dealt with traditional land, which is one of two recording...

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