IN RE KROSKIE

No. 02-1008.

315 F.3d 644 (2003)

In re Damon J. and Regina M. KROSKIE, Debtors. James W. Boyd, Chapter 7 Trustee, Appellant, v. Chase Manhattan Mortgage Corporation, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 14, 2003.


Attorney(s) appearing for the Case

Michael P. Corcoran, Traverse City, MI, for Damon J. Kroskie, Regina M. Kroskie.

Kelly M. Hagan (argued and briefed), Zimmerman, Kuhn, Darling, Boyd, Taylor & Quandt, Traverse City, MI, Michelle K. Clark (argued and briefed), Trott & Trott, Bingham Farms, MI, for Appellee.

Before: MERRITT and GILMAN, Circuit Judges; TARNOW, District Judge.


GILMAN, J., delivered the opinion of the court, in which TARNOW, D.J., joined. MERRITT, J. (pp. 649-51), delivered a separate dissenting opinion.

OPINION

GILMAN, Circuit Judge.

James W. Boyd, the Chapter 7 bankruptcy Trustee, filed a motion for summary judgment in the United States Bankruptcy Court for the Western District of Michigan that sought to avoid Chase Manhattan Mortgage Corporation's purported lien on a mobile home owned by the Debtors...

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