IN RE PERRY

No. 16-8042.

600 B.R. 584 (2019)

IN RE: Vodrick Lee PERRY; Marcy Lynn Perry, Debtors. Susan L. Rhiel, Trustee, Plaintiff-Appellant, v. The Bank of New York Mellon, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: May 8, 2019.


Attorney(s) appearing for the Case

ON BRIEF: Kristin Radwanick, Susan L. Rhiel, Jeffrey M. Levinson, LEVINSON LLP, Cleveland, Ohio, for Appellant. Amelia A. Bower, PLUNKETT COONEY, Columbus, Ohio, for Appellee.

Before: DALES, HARRISON and OPPERMAN, Bankruptcy Appellate Panel Judges.


OPINION

This appeal concerns a Complaint for Declaratory Judgment filed by chapter 7 trustee Susan Rhiel (the "Appellant") seeking a determination that a refinanced mortgage only encumbers the interest of the person specifically defined within the body of the mortgage as a "Borrower/Mortgagor...

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