Legal Opinion
Simon v. Chase Manhattan Bank (In Re Zaptocky)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided April 16, 1999No. BAP 98-8091PublishedCited by 24 opinions
1Opinion of the Court
OPINION
Appellant Chase Manhattan Bank appeals the bankruptcy court’s determination that its mortgage on the home of the joint Chapter 7 Debtors, Bernard L. and Gloria J. Zaptocky, is avoidable by the Chapter 7 Trustee pursuant to 11 U.S.C. § 544(a) because the execution of the mortgage was not properly witnessed in accordance with Ohio law. We AFFIRM.
I. ISSUES ON APPEAL
This appeal presents two issues: (1) whether the bankruptcy court’s finding of fact that one of the attesting witnesses was not present during the Debtors’ execution of the mortgage is clearly erroneous; and (2) whether the…
2Cases cited26 opinions
- Ohio v. RobinetteSupreme Court of the United States · 1996
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- State v. CookOhio Supreme Court · 1998
- Darrell D. Thurman v. Yellow Freight Systems, Inc., Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1996
- Reynoldsville Casket Co. v. HydeSupreme Court of the United States · 1995
21 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Treinish v. Norwest Bank Minnesota, N.A. (In Re Periandri)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
- In Re: Bernard L. Zaptocky and Gloria J. Zaptocky, Debtors. David O. Simon, Chapter 7 Trustee v. Chase Manhattan BankCourt of Appeals for the Sixth Circuit · 2001
- Official Unsecured Creditors Committee of Valley-Vulcan Mold Co. v. Ampco-Pittsburgh Corp. (In Re Valley-Vulcan Mold Co.)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
- Bavely v. Huntington National Bank (In Re Cowan)Bankruptcy Appellate Panel of the Sixth Circuit · 2002
- Best v. Galloway (In Re Best)United States Bankruptcy Court, E.D. Pennsylvania · 2009
19 more not listed; retrieve them via the Exa API.