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IN RE SCHMIEL

Bankruptcy No. 03-66533, Adversary No. 04-4023.

362 B.R. 802 (2007)

In re Richard Alan SCHMIEL and Lynn Marie Schmiel, Debtors. Stuart A. Gold, Trustee, Plaintiff, v. Interstate Financial Corporation, Defendant.

United States Bankruptcy Court, E.D. Michigan, Southern Division.

February 27, 2007.

Attorney(s) appearing for the Case

Robert W. Lee, Harrison Township, MI, for Debtors.

Stuart A. Gold, Gold, Lange & Majoros PC, Southfield, MI, for trustee.

Elias T. Majoros, Southfield, MI, for Plaintiff.

Darrin S. Elias, Oak Park, MI, Jessica B. Allmand, Myers & Allmand, PLLC, Brighton, MI, for Defendant.

OPINION REGARDING WHEN A MORTGAGE IS RECORDED UNDER MICHIGAN LAW IN ABSENCE OF THE MAINTENANCE OF AN "ENTRY BOOK"

PHILLIP J. SHEFFERLY, Bankruptcy Judge.

1. Introduction

This opinion addresses a legal issue that has arisen in this adversary proceeding and in numerous other adversary proceedings in the Bankruptcy Court. The issue is when a county register of deeds does not maintain an "entry book" as required by Michigan...

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