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IN RE OSWALT

No. 05-1075.

444 F.3d 524 (2006)

In re: Daniel and Michelle OSWALT, Debtors. Marcia R. Meoli, Chapter 7 Bankruptcy Trustee, Plaintiff-Appellant, v. Citicorp Trust Bank, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 20, 2006.

Attorney(s) appearing for the Case

ARGUED: Marcia R. Meoli, Hann Persinger, Holland, Michigan, for Appellant. Sarah E. Heineman, Dykema Gossett, Grand Rapids, Michigan, for Appellee. ON BRIEF: Marcia R. Meoli, Hann Persinger, Holland, Michigan, for Appellant. Sarah E. Heineman, John C. Arndts, Dykema Gossett, Grand Rapids, Michigan, for Appellee.

Before: KENNEDY and GIBBONS, Circuit Judges; DONALD, District Judge.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

A Chapter 7 bankruptcy trustee sought to avoid a security interest in the debtors' affixed mobile home by challenging the security interest as unperfected under Michigan law. The creditor moved for summary judgment in the adversary proceeding, relying on an amendment to the Michigan Mobile Home Commission Act ("MHCA"). The bankruptcy court denied summary judgment...

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