IN RE PIERCE

BAP No. 11-8065.

471 B.R. 876 (2012)

In re William W. PIERCE, Jr., Debtor. Vanderbilt Mortgage and Finance, Inc., Appellant, v. Maxie E. Higgason, Jr., Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided June 1, 2012.


Attorney(s) appearing for the Case

ARGUED: John P. Brice , Lexington, Kentucky, for Appellant. Michael B. Baker , THE BAKER FIRM, PLLC, Florence, KY, for Appellee. ON BRIEF: John P. Brice , Lexington, KY, for Appellant. Michael B. Baker , THE BAKER FIRM, PLLC, Florence, KY, for Appellee.

Before: FULTON, HARRIS, and PRESTON, Bankruptcy Appellate Panel Judges.


OPINION

THOMAS H. FULTON, Bankruptcy Judge.

Vanderbilt Mortgage and Finance, Inc. ("Appellant") appeals the grant of summary judgment by the U.S. Bankruptcy Court for the Eastern District of Kentucky (the "Bankruptcy Court") to Maxie E. Higgason, Jr., Chapter 7 Trustee ("Appellee") for Debtor William W. Pierce, Jr. ("Debtor"), which avoids Appellant's lien on Debtor's manufactured home under 11 U.S.C. § 544.

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