Aetna Bank v. Dvorak

MEMORANDUM AND ORDER

MORAN, Chief Judge.

This case is an appeal from a decision of the United States Bankruptcy Court pursuant to 28 U.S.C. § 158(a). Appellee Aetna Bank (Aetna) and appellants Thomas and Karen Dvorak (the Dvoraks) are among many parties involved in a dispute over proceeds from the liquidation of property formerly owned by the McDonald Creek Development Company (McDonald Creek), the debtor in bankruptcy. On January 10, 1994, Aetna moved for summary judgment against the Dvoraks, arguing that its properly recorded mortgage interest in the residential property known as Lot 2 has a…