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VANDERBILT MORTG. v. WESTENHOEFER

No. 11-6216.

716 F.3d 957 (2013)

VANDERBILT MORTGAGE AND FINANCE, INC., Defendant-Appellant, v. James R. WESTENHOEFER, Trustee for the Bankruptcy Estate of Tanya Epling, Plaintiff-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 28, 2013.

Attorney(s) appearing for the Case

ARGUED: John P. Brice , Wyatt, Tarrant & Combs, Lexington, Kentucky, for Appellant. John M. Simms , Atkinson, Simms & Kermode PLLC, Lexington, Kentucky, for Appellee. ON BRIEF: John P. Brice , Wyatt, Tarrant & Combs, Lexington, Kentucky, for Appellant. John M. Simms , Atkinson, Simms & Kermode PLLC, Lexington, Kentucky, for Appellee.

Before: MOORE, SUTTON, and DONALD, Circuit Judges.

OPINION

BERNICE B. DONALD, Circuit Judge.

James R. Westenhoefer, a Chapter 7 Trustee, brought a strong-arm proceeding against Appellant Vanderbilt Mortgage and Finance, Inc. (Vanderbilt) to avoid a lien claimed by Vanderbilt against Tanya Epling's manufactured home. Westenhoefer argued that Vanderbilt's lien was not properly perfected under Kentucky law. The bankruptcy court entered judgment in favor of Westenhoefer, and Vanderbilt appealed to the district...

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