Citicorp Trust Bank v. Meoli (In Re Oswalt)

OPINION

ROBERT HOLMES BELL, Chief Judge.

This matter is before the Court on appeal by Citicorp Trust Bank (“Citicorp”). Citicorp appeals the April 19, 2004 order of the Bankruptcy Court denying Citicorp’s motion for summary judgment and holding that the July 14, 2003 amendment to the Mobile Home Commission Act, MiCH. Comp. Laws § 125.2301-.2350 (“MHCA”), was a “new law” that did not apply retroactively to a bankruptcy case filed before the bill went into effect. For the reasons that follow, the order of the Bankruptcy Court is reversed.

I

Daniel and Michelle Oswalt (“Debtors”) owned a mobile home…