Ark Valley Credit Union v. Morris (In re Gracy)

MEMORANDUM AND ORDER

J. THOMAS MARTEN, Judge

This is the second appeal before the court involving Chapter 7 Trustee J. Michael Morris’s right to avoid Ark Valley Credit Union’s (AVCU) lien on a manufactured home that served as the debtor’s homestead. In the first appeal, the Trustee challenged the bankruptcy court’s determination that AVCU’s lien did not attach to the manufactured home because the mortgage’s habendum clause did not sufficiently describe the home and therefore, the lien could not be avoided. See Morris v. Ark Valley Credit Union, Case No. 15-1024-JTM. This court reversed that…