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IN RE NOWAK

No. 08-3690.

586 F.3d 450 (2009)

In re Michael Mark NOWAK and Christina Susan Nowak, Debtors. PCFS Financial, Plaintiff-Appellant, v. Lydia E. Spragin, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 13, 2009.

Attorney(s) appearing for the Case

ARGUED: David A. Freeburg, McFadden & Freeburg Co., L.P.A., Cleveland, Ohio, for Appellant. Lydia Evelyn Spragin, Akron, Ohio, for Appellee. ON BRIEF: David A. Freeburg, McFadden & Freeburg Co., L.P.A., Cleveland, Ohio, for Appellant. Lydia Evelyn Spragin, Akron, Ohio, for Appellee.

Before: O'CONNOR, Associate Justice; GILMAN and GIBBONS, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Three years prior to filing for Chapter 7 bankruptcy relief, Michael and Christina Nowak executed a mortgage on their residence in favor of PCFS Financial. Lydia Spragin, the trustee of the Nowaks' bankruptcy estate, successfully voided PCFS's lien on the residence based on a technical defect in the execution of the mortgage instrument. After losing its secured-creditor status, PCFS failed to file a formal proof...

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