21st Mortgage Corporation v. Warfel, David

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN 21st MORTGAGE CORPORATION, OPINION and ORDER Appellant, v. 22-cv-88-jdp DAVID LESTER WARFEL, JR. and JEANNE MARIE WARFEL, Appellees. This Chapter 13 bankruptcy appeal arises from an adversary proceeding in which debtors Jeanne and David Warfel sought to avoid a mortgage lien under 11 U.S.C. § 544(b)(1) because the lien wasn’t perfected. The bankruptcy court agreed with the Warfels and held that the lien would be avoided, leaving the lienholder, 21st Mortgage Corporation, in the position of an unsecured creditor. 21st…