United States Sixth Circuit

In an action brought by the trustee of a bankruptcy estate, a judgment holding that a bank, in recording its interest as the assignee of a mortgage, did not violate an automatic stay of any proceedings against debtors after they filed for bankruptcy is affirmed where the bank did not transfer or attempt to perfect legal title to the debtors' property, but recorded only the bank's equitable interest in the property, which did not belong to the debtors.

Appellate Information

• Decided 08/09/2006
• Published 08/09/2006

Judges

• Before:  GILMAN and COOK, Circuit Judges;  DOWD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  J. James Rogan, Danville, Kentucky, for Appellant.   Richard A. Vance, Stites & Harbison, Louisville, Kentucky, for Appellee.   ON BRIEF:  J. James Rogan, Danville, Kentucky, for Appellant.  Richard A. Vance, Stites & Harbison, Louisville, Kentucky, for Appellee.