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IN RE OAKES

No. 17-8005.

581 B.R. 500 (2018)

IN RE: Jerry Wayne OAKES; Jennifer Ann Oakes, Debtors. Donald F. Harker, Trustee, Plaintiff-Appellee, v. PNC Mortgage Company, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: February 6, 2018.

Attorney(s) appearing for the Case

ARGUED: Amelia A. Bower , PLUNKETT COONEY, Columbus, Ohio, for Appellant. Dianne F. Marx , RIESER & MARX LLC, Dayton, Ohio, for Appellee. ON BRIEF: Amelia A. Bower , PLUNKETT COONEY, Columbus, Ohio, for Appellant. Dianne F. Marx , John Paul Rieser , RIESER & MARX LLC, Dayton, Ohio, for Appellee.

Before: HARRISON, OPPERMAN, and WISE, Bankruptcy Appellate Panel Judges.

OPINION

OVERVIEW

PNC Mortgage Company ("PNC") requests that this Panel hold that the Chapter 7 Trustee, Donald F. Harker ("Trustee"), cannot avoid its mortgage under 11 U.S.C. § 541(a)(1) as a hypothetical lien creditor. PNC argues that the Ohio Supreme Court addressed...

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