United States Sixth Circuit

The Bankruptcy Code's "strong arm" clause under 11 USC 544(a) allows a debtor's estate to avoid a mortgage not properly executed under state law, and there is no per se rule precluding a party from relying solely on a mortgagor's testimony to show improper execution of the mortgage.

Appellate Information

• Argued 03/16/2000
• Decided 05/22/2001
• Published 05/22/2001

Judges

• Before: JONES, BATCHELDER, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Jonathon Blakely, Cleveland, OH, for Debtors., Amelia A. Bower (argued and briefed), McFadden & Associates, Cleveland, OH, for Appellant.


• For Appellees:
  
• Stephen D. Hobt (argued and briefed), Cleveland, OH, for Appellee.