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MILLER v. LaSALLE BANK NAT. ASS'N

No. 09-3013.

595 F.3d 782 (2010)

Debra L. MILLER, Trustee, Plaintiff-Appellant, v. LaSALLE BANK NATIONAL ASSOCIATION as Trustee in Trust for the Holders of Merrill Lynch Mortgage Investors Trust Series 2002-AFCI and Alliance Funding, a Division of Superior Bank FSB, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 19, 2010.

Attorney(s) appearing for the Case

Cathleen M. Shrader (argued), Barrett & McNagny, Fort Wayne, IN, for Plaintiff-Appellant.

Mark R. Galliher (argued), Doyle & Friedmeyer, Indianapolis, IN, for Defendants-Appellants.

Before CUDAHY, WOOD, and EVANS, Circuit Judges.

CUDAHY, Circuit Judge.

This is an appeal involving a puzzle of statutory interpretation. The issue comes to us from an adversary proceeding in bankruptcy court between Debra Miller (Trustee) and LaSalle Bank National Association (LaSalle). The bankruptcy court held that an improperly recorded mortgage was avoidable under Indiana law as amended in 2007 because it did not impart constructive knowledge to a bona fide purchaser, here the Trustee. The bankruptcy court...

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