Legal Opinion

Boyd v. Chase Manhattan Mortgage Corp.

Court of Appeals for the Sixth Circuit

Decided January 14, 2003No. 02-1008Published

1Opinion of the CourtGilman, J., joined by Tarnow, D.J.,

MERRITT, J. (pp. 649-51), delivered a separate dissenting opinion.

OPINION

GILMAN, Circuit Judge.

James W. Boyd, the Chapter 7 bankruptcy Trustee, filed a motion for summary judgment in the United States Bankruptcy Court for the Western District of Michigan that sought to avoid Chase Manhattan Mortgage Corporation’s purported hen on a mobile home owned by the Debtors, Damon J. and Regina M. Kroskie. The bankruptcy court granted the Trustee’s motion for summary judgment. This judgment was reversed on appeal by the United States District Court for the Western District of Michigan, which held that…

2Cases cited7 opinions

  1. In Re Benethel Rembert, Debtor. Benethel Rembert v. At & T Universal Card Services, Inc. Citibank South Dakota, N.A.Court of Appeals for the Sixth Circuit · 1998
  2. Bankr. L. Rep. P 75,430 in Re William J. McLaren Debtor. William Longo, Sr. v. William J. McLarenCourt of Appeals for the Sixth Circuit · 1993
  3. Sequist v. FabianoMichigan Supreme Court · 1936
  4. Frank v. William a Kibbe & Associates, IncMichigan Court of Appeals · 1995
  5. In Re BenckerUnited States Bankruptcy Court, W.D. Michigan · 1990

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