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IN RE COLLINS

BAP No. 10-8085.

456 B.R. 284 (2011)

In re Elizabeth R. COLLINS, Debtor. J. James Rogan, Trustee, Appellant, v. Litton Loan Servicing, L.P., The Bank of New York, Mellon fka The Bank of New York as Successor to JP Morgan Chase Bank, N.A., as Trustee for the Benefit of the Certificate Holders of Popular, ABS, Inc. Mortgage Pass-Through Certificates Series 2005-3, AIG Federal Savings Bank dba Wilmington Finance, Citibank, NA, and GMAC Mortgage LLC, Appellees.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided: August 12, 2011.

Attorney(s) appearing for the Case

ARGUED: J. James Rogan , J. James Rogan, P.S.C., Danville, KY, for Appellant. Blaine J. Edmonds III , Nielson & Sherry, PSC, Newport, KY, Andrew L. Brasher , Bradley Arant Boult Cummings LLP, Birmingham, Alabama, for Appellees. ON BRIEF: J. James Rogan , J. James Rogan, P.S.C., Danville, KY, for Appellant. Blaine J. Edmonds III , Richard M. Nielson , Nielson & Sherry, PSC, Newport, KY, Andrew L. Brasher , Marc James Ayers , Bradley Arant Boult Cummings LLP, Birmingham, AL, for Appellees.

Before: BOSWELL, HARRIS, and RHODES, Bankruptcy Appellate Panel Judges.

OPINION

STEVEN RHODES, Bankruptcy Judge.

J. James Rogan, the trustee in this chapter 7 case, appeals an opinion and order of the bankruptcy court dismissing his complaint. The complaint sought a declaratory judgment to determine the validity, extent, and priority of liens on the real property of the debtor, Elizabeth Collins, held by defendants Litton Loan Servicing, Bank of New York, GMAC Mortgage, and Wilmington Finance. The trustee also appeals an opinion...

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