United States Seventh Circuit

In bankruptcy trustee's adversary proceeding to avoid a creditor's mortgage lien, arising from a purchase of debtors' property with a recorded mortgage containing a technical defect, decision of the district court in favor of the creditor is affirmed as considering, inter alia, a 2008 Amendment that quickly clarified that a provision applied to all mortgages, the legislature likely intended the 2007 Amendment to apply to all mortgages, whenever filed.

Appellate Information

• Argued 12/07/2009
• Decided 02/19/2010
• Published 02/19/2010

Judges

• CUDAHY, Circuit Judge., Before CUDAHY, WOOD, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Cathleen M. Shrader, Barrett & McNagny, Fort Wayne, IN, for Plaintiff-Appellant.


• For Appellees:
  
• Mark R. Galliher, Doyle & Friedmeyer, Indianapolis, IN, for Defendants-Appellants.