In Re: Daniel and Michelle Oswalt, Debtors. Marcia R. Meoli, Chapter 7 Bankruptcy Trustee v. Citicorp Trust Bank

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

A Chapter 7 bankruptcy trustee sought to avoid a security interest in the debtors’ affixed mobile home by challenging the security interest as unperfected under Michigan law. The creditor moved for summary judgment in the adversary proceeding, relying on an amendment to the Michigan Mobile Home Commission Act (“MHCA”). The bankruptcy court denied summary judgment, and the creditor appealed. On appeal, the United States District Court for the Western District of Michigan reversed the bankruptcy court and granted summary judgment to the creditor. The…