In re James Harvey PELFREY, Debtor.
J. James Rogan, Trustee, Appellant,
v.
New South Federal Savings Bank and L. Allyson Honaker, Appellees.
United States Bankruptcy Appellate Panel of the Sixth Circuit.https://leagle.com/images/logo.png
Argued: August 18, 2009.
Decided and Filed: November 9, 2009.
Attorney(s) appearing for the Case
ARGUED: J. James Rogan, P.S.C., Danville, Kentucky, for Appellant. Erica N. Galyon, Stites & Harbison, PLLC, Lexington, Kentucky, William Alexander Hoback II, Middleton & Reutlinger, Louisville, Kentucky, for Appellees. Richard A. Vance, Stites & Harbison, PLLC, Louisville, Kentucky, for Amicus Curiae. ON BRIEF: J. James Rogan, P.S.C., Danville, Kentucky, for Appellant. Erica N. Galyon, Elizabeth Lee Thompson, Stites & Harbison, PLLC, Lexington, Kentucky, Mark S. Fenzel, Thomas W. Frentz, Middleton Reutlinger, Louisville, Kentucky, for Appellees. Richard A. Vance, Stites & Harbison, PLLC, Louisville, Kentucky, for Amicus Curiae.
Before: BOSWELL, RHODES, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.
United States Bankruptcy Appellate Panel of the Sixth Circuit.
OPINION
RHODES, Bankruptcy Appellate Panel Judge.
In this appeal, J. James Rogan, the trustee, appeals an order of the bankruptcy court that granted the motions for summary judgment filed by defendants New South Federal Savings Bank and L. Allyson Honaker, denied his motion for summary judgment and dismissed his adversary proceeding. The trustee seeks to avoid a mortgage on the property of James Harvey Pelfrey, the...
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