IN RE INGERSOLL

BAP No. 09-8018.

420 B.R. 414 (2009)

In re Shirley INGERSOLL, Debtor. William Todd Drown, Plaintiff-Appellant, v. National City Bank, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: December 4, 2009.


Attorney(s) appearing for the Case

ARGUED: William Todd Drown, Folland & Drown LPA, Mount Vernon, Ohio, for Appellant. ON BRIEF: William Todd Drown, Folland & Drown LPA, Mount Vernon, Ohio, for Appellant.

Before: FULTON, HARRIS, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.


OPINION

MARILYN SHEA-STONUM, Bankruptcy Judge.

This is an appeal of the bankruptcy court's grant of summary judgment in favor of Defendant-Appellee, National City Bank ("NCB"), in an adversary proceeding commenced by William Todd Drown, Chapter 7 Trustee (the "Chapter 7 Trustee"), pursuant to 11 U.S.C. § 544(a)(3) seeking to avoid NCB's mortgage on the one-half interest in certain property once owned by Shirley Ingersoll's now deceased husband.

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