M & I BANK, FSB v. Wilkey

MEMORANDUM OPINION AND ORDER

MCKINLEY, District Judge.

This matter is before the Court on appeal by Appellant, M & I Bank, FSP, from the judgment of the Bankruptcy Court [DN 4]. Pursuant to 28 U.S.C. § 158(a), this Court is vested with jurisdiction to hear appeals of the United States Bankruptcy Court for the Western District of Kentucky. For the reasons set forth below, this Court reverses the decision of the Bankruptcy Court.

I. STANDARD OF REVIEW

On appeal from a bankruptcy court, a district court applies the “clearly erroneous” standard of review to findings of fact and reviews questions of…