United States Eleventh Circuit

In an appeal from the Bankruptcy Court's order allowing the Trustee to use his strong arm power to avoid the lien created by Debtor's security deed, the order is reversed where the affidavit submitted by the closing attorney attested to the execution of the security deed at issue.

Appellate Information

• Decided 06/17/2009
• Published 06/17/2009

Judges

• ANDERSON, Circuit Judge:, Before WILSON, KRAVITCH and ANDERSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Lewis E. Hassett, John Benjamin Vitale, Morris, Manning & Martin, Atlanta, GA, for Amici Curiae.


• For Appellees:
  
• Edward D. Burch, Jr., Mark A. Rogers, Smith, Gambrell & Russell, LLP, Atlanta, GA, for Defendant-Appellant., Michael Fredrick Holbein, Arnall Golden Gregory, LLC, Atlanta, GA, for Plaintiff-Appellee.