Big Yank Corp. v. Bank One, Lexington, N.A. (In re Water Valley Finishing, Inc.)

AMENDED ABSTRACT OF BENCH RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

BURTON R. LIFLAND, Chief Judge.

Big Yank Corporation (“Big Yank” or “Debtor”) seeks to avoid Bank One, Lexington N.A.’s (“Bank One”) alleged interest under a certain mortgage (the “Mortgage”) in the Debtor’s Lexington, Kentucky warehouse and distribution center (the “Property”). Bank One, within ninety days prior to the filing of the Debtor’s chapter 11 petition, inadvertently released and then attempted to unilaterally reinstate its Mortgage. The Debtor has moved for summary judgment, asserting that Bank One’s interest in…