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IN RE OSWALT

Bankruptcy No. SK 03-04788. Adversary No. 03-88603.

310 B.R. 576 (2004)

In re Daniel Lee OSWALT and Michelle Arlene Oswalt, a/k/a Michelle Arlene Capp, a/k/a Michelle Arlene Ellsworth, a/k/a Michelle Arlene Theut, Debtors. Marcia R. Meoli, Plaintiff, v. Citicorp Trust Bank, Defendant.

United States Bankruptcy Court, W.D. Michigan.

April 19, 2004.

Attorney(s) appearing for the Case

Robert J. Dutka, Attorney at Law, Three Rivers, MI, for Debtors.

Marcia R. Meoli, Hann Persinger PC, Holland, MI, for Plaintiff.

David G. Hagens, Sarah E. Heineman, Dykema Gossett PLLC, Grand Rapids, MI, for Defendant.

OPINION

JO ANN C. STEVENSON, Bankruptcy Judge.

The principal issue before the Court is whether the July 2003 Amendment to the Mobile Home Commission Act was simply a clarification of the Michigan Legislature's intent; to wit, that a security interest in a mobile home could be perfected under either real estate law or through the Mobile Home Commission Act, or whether it was new law that cannot be applied retroactively.

The claims arising in this...

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