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IN RE KIM

No. 08-16105.

571 F.3d 1342 (2009)

In re: Hong Ju KIM, Debtor. Neil C. Gordon, Chapter 7 Trustee for the Estate of Hong Ju Kim, Plaintiff-Appellee, v. Terrace Mortgage Company, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 17, 2009.

Attorney(s) appearing for the Case

Edward D. Burch, Jr., Mark A. Rogers, Smith, Gambrell & Russell, LLP, Atlanta, GA, for Defendant-Appellant.

Michael Fredrick Holbein, Arnall Golden Gregory, LLC, Atlanta, GA, for Plaintiff-Appellee.

Lewis E. Hassett, John Benjamin Vitale, Morris, Manning & Martin, Atlanta, GA, for Amici Curiae.

Before WILSON, KRAVITCH and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

Terrace Mortgage Company, LLC ("Terrace"), appeals the district court's order affirming the bankruptcy court's grant of summary judgment in favor of Neil C. Gordon ("Trustee"), the Chapter 7 Trustee for the Estate of Hong Ju Kim, allowing the Trustee to use his strong arm power to avoid the lien created by Terrace's security deed (the "Security Deed") because the Security Deed was defective. Terrace also appeals the denial of Terrace's motion...

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