Legal Opinion
Rhiel v. Bank of N.Y. Mellon (In re Perry)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided May 8, 2019No. 16-8042PublishedCited by 1 opinion
1Opinion of the Court
SCOTT W. DALES, Bankruptcy Appellate Panel Judge.
*587This appeal concerns a Complaint for Declaratory Judgment filed by chapter 7 trustee Susan Rhiel (the "Appellant") seeking a determination that a refinanced mortgage only encumbers the interest of the person specifically defined within the body of the mortgage as a "Borrower/Mortgagor." The bankruptcy court considered whether the co-debtor wife's signature and initials on a mortgage instrument that listed her as a "Borrower" in the signature block resulted in pledging to the lender her interest as a joint tenant with rights of survivorship,…
2Cases cited13 opinions
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- Westfield Insurance v. GalatisOhio Supreme Court · 2003
- Kostelnik v. HelperOhio Supreme Court · 2002
- Treinish v. Norwest Bank Minnesota, N.A. (In Re Periandri)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
- Preferred Capital, Inc. v. Power Engineering Group, Inc.Ohio Supreme Court · 2007
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3Cited by1 opinion
- Miller v. WellsUnited States Bankruptcy Court, E.D. Kentucky · 2020