United States v. Arnol & Mildred Shafer Farms, Inc.

MEMORANDUM OPINION AND ORDER

ALLEN SHARP, Chief Judge.

In this action the United States of Amer-ica, on behalf of its agency, the Farmers Home Administration (FmHA), appeals from a final order of the Bankruptcy Court. The two issues presented are (1) whether the Bankruptcy Court erred in determining that the mortgage of FmHA fails to provide constructive notice to a debtor-in-possession having the status of a bona fide purchaser under Indiana law and for purposes of 11 U.S.C. § 544; and (2) whether the Bankruptcy Court’s further finding — that Aetna Finance Company’s mortgage is a second lien —…