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IN RE O'REILLY

Bankruptcy No. 81-0429, Related Case: 81-00997.

30 B.R. 562 (1983)

In re Phyllis J. O'REILLY, Debtor, The HOME SAVINGS & LOAN CO., Plaintiff, v. Edward J. O'REILLY, et al., Defendants.

United States Bankruptcy Court, N.D. Ohio, W.D.

February 17, 1983.

Attorney(s) appearing for the Case

Herbert Freeman, Norwalk, Ohio, for Home Sav. & Loan Co.

H. Buswell Roberts, Jr., Toledo, Ohio, for Phyllis and Edward O'Reilly.

Richard Lynch, Norwalk, Ohio, for Treasurer of Huron County.

Jeffrey Laycock, Norwalk, Ohio, for Citizens Nat. Bank.

MEMORANDUM OPINION AND ORDER

RICHARD L. SPEER, Bankruptcy Judge.

This cause came before the Court upon the Motion of Hill's Interiors, Inc., to determine the priority of liens. The issue presented to the Court upon the parties' memoranda is what position of priority does a mortgage hold if it was cancelled by an alleged fraudulent act of a bank officer (who is also the mortgagor), and refiled by the bank subsequent...

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