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IN RE McCORMICK

No. 10-2027.

669 F.3d 177 (2012)

In re John G. McCORMICK, Debtor. SunTrust Bank, N.A., Plaintiff-Appellant, v. Marc Macky; Maryann Macky, Plaintiffs-Appellees, v. John A. Northen, Trustee, Defendant-Appellee, and Michael D. West, Bankruptcy Administrator, Party-in-Interest.

United States Court of Appeals, Fourth Circuit.

Decided: February 10, 2012.

Attorney(s) appearing for the Case

ARGUED: Christopher Charles Finan , Roberson, Haworth & Reese, High Point, North Carolina, for Appellant. David Rooks, III , Northen Blue, LLP, Chapel Hill, North Carolina; Robert Nelson Maitland, II , Maitland Law Firm, Chapel Hill, North Carolina, for Appellees. ON BRIEF: Joseph Jude Vonnegut , Hutchens, Senter & Britton, Fayetteville, North Carolina, for Appellant.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge AGEE and Judge WYNN joined.

OPINION

NIEMEYER, Circuit Judge:

In this bankruptcy case, in which John McCormick is the debtor, SunTrust Bank, N.A., filed a proof of claim for repayment of a loan that it claimed was secured by a deed of trust on two contiguous parcels of McCormick's real property in Orange County, North Carolina, known as "Tract I" and "Tract II." The Trustee commenced this action under 11 U.S.C. § 544(a)(3) to avoid the lien on Tract I because the deed of trust...

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