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IN RE ST. CLAIR

No. 07-8010.

380 B.R. 478 (2008)

In re Denny L. ST. CLAIR and Nicole R. St. Clair, Debtors. L. Craig Kendrick, Plaintiff-Appellant, v. Deutsche Bank National Trust Co. and AMC Mortgage Services, Inc., Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: January 16, 2008.

Attorney(s) appearing for the Case

ARGUED: Debra S. Pleatman, Ziegler & Schneider, Covington, Kentucky, for Appellant. John P. Brice Wyatt, Tarrant & Combs, Lexington, Kentucky, for Appellees. ON BRIEF: Debra S. Pleatman, Ziegler & Schneider, Covington, Kentucky, for Appellant. John P. Brice II, Wyatt, Tarrant & Combs, Lexington, Kentucky, for Appellees.

Before: GREGG, PARSONS, and WHIPPLE, Bankruptcy Appellate Panel Judges.

OPINION

JAMES D. GREGG, Bankruptcy Appellate Panel Judge.

In this appeal, L. Craig Kendrick ("Trustee") seeks to avoid a mortgage on the Debtors' real property because the certificate of acknowledgment was defective as the Debtors were not present before the notary when they executed the mortgage. The bankruptcy court determined that the notary's acknowledgment was immune from attack by the Trustee under Kentucky Revised Statute § 61.060. This state...

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