Boyd v. Old Kent Bank (In Re Spaniak)

OPINION REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT

JAMES D. GREGG, Chief Judge.

I. Introduction

Relying on the “strong-arm” powers of 11 U.S.C. § 544, chapter 7 trustee James W. Boyd (“Trustee”) commenced this adversary proceeding against defendant Old Kent Bank — Petoskey (“Old Kent”) to avoid Old Kent’s security interest in a certain mobile home owned by Victor and Linda Spaniak (“Debtors”). The Debtors intervened in this action, with the consent of the other parties, to protect whatever rights they may have to claim an exemption in the mobile home. The Trustee and Old Kent have each filed…