Rogan v. New South Federal Savings Bank (In Re Pelfrey)

OPINION

RHODES, Bankruptcy Appellate Panel Judge.

In this appeal, J. James Rogan, the trustee, appeals an order of the bankruptcy court that granted the motions for summary judgment filed by defendants New South Federal Savings Bank and L. Allyson Honaker, denied his motion for summary judgment and dismissed his adversary proceeding. The trustee seeks to avoid a mortgage on the property of James Harvey Pelfrey, the debtor, and Donna Pelfrey. For the following reasons, we AFFIRM.

I.ISSUE ON APPEAL

The issue on appeal is whether the trustee may avoid the debtor’s mortgage based on a defective…