IN RE DORSEY

Bankruptcy No. 11-30829. Adversary No. 12-3010.

491 B.R. 464 (2013)

In re Ricky J. DORSEY, Sr. and Karen A. Dorsey, Debtors. J. James Rogan, Trustee, For the Bankruptcy Estate of Ricky J. Dorsey, Sr. and Karen A. Dorsey, Plaintiff, v. Vanderbilt Mortgage & Finance, Inc., et al., Defendants.

United States Bankruptcy Court, E.D. Kentucky, Frankfort Division.

May 6, 2013.


Attorney(s) appearing for the Case

J. James Rogan , Danville, KY, for Plaintiff.

David T. Reynolds , Reynolds & Thompson, LLP Owensboro, KY, for Defendant.


MEMORANDUM OPINION

GREGORY R. SCHAAF, Bankruptcy Judge.

Before the Court are cross-motions for summary judgment filed by the Plaintiff J. James Rogan, as Trustee [Doc. 22], and the Defendant Vanderbilt Mortgage & Finance, Inc. ("Vanderbilt") [Doc. 23]. The Trustee claims Vanderbilt's mortgage on Debtors' interest in real property may be avoided pursuant to 11 U.S.C. § 544 because Vanderbilt was not entitled to enforce the note on the petition date...

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