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IN RE COOK

No. 05-6613.

457 F.3d 561 (2006)

In Re: Kenneth Wayne COOK; Melissa Cook, Debtors. J. James Rogan, Appellant, v. Bank One, National Association, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 9, 2006.

Attorney(s) appearing for the Case

ARGUED: J. James Rogan, Danville, Kentucky, for Appellant. Richard A. Vance, Stites & Harbison, Louisville, Kentucky, for Appellee. ON BRIEF: J. James Rogan, Danville, Kentucky, for Appellant. Richard A. Vance, Stites & Harbison, Louisville, Kentucky, for Appellee.

Before: GILMAN and COOK, Circuit Judges; DOWD, District Judge.

OPINION

RONALD LEE GILMAN, Circuit Judge.

J. James Rogan, as the trustee of Kenneth and Melissa Cook's bankruptcy estate, brought this action to assert his interest in real property that was mortgaged by the Cooks. He argues that Bank One, National Association, which claims to own the mortgage, does not have a perfected security interest in the property that is superior to Rogan's interest as a judicial lien creditor. Both the bankruptcy court and the district...

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