Fifth Third Bank, Indiana v. Edgar County Bank & Trust, Appeal of Garzolini Tire & Fuel, Inc., Debtor in Possession

EASTERBROOK, Chief Judge.

Garzolini Tire & Fuel borrowed money from Edgar County Bank & Trust on the security of a mortgage in what the parties call the Clinton Property. During Garzoli-ni Tire’s bankruptcy, Fifth Third Bank filed an adversary proceeding in which it argued that it held an interest superior to Edgar County Bank’s. Eventually Fifth Third Bank conceded — but Garzolini Tire made its own claim to the proceeds of the Clinton Property, which has been sold. (The purchase price is being held in escrow.) According to Garzolini Tire, the mortgage was not properly signed and attested, so…