In Re Foster

458 B.R. 391, 2011 WL 5509084
CourtBankruptcy Appellate Panel of the Sixth Circuit
DecidedNovember 10, 2011
DocketBAP No. 11-8023
StatusPublished

This text of 458 B.R. 391 (In Re Foster) is published on Counsel Stack Legal Research, covering Bankruptcy Appellate Panel of the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Foster, 458 B.R. 391, 2011 WL 5509084 (bap6 2011).

Opinion

458 B.R. 391 (2011)

In re Jenny FOSTER and Reese Foster, Debtors.
Susan Rhiel, Trustee, Appellant,
v.
BAC Home Loans Servicing, LP, Appellee.

BAP No. 11-8023.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: November 10, 2011.

*392 Susan L. Rhiel, Rhiel & Associates Co., LPA, Columbus, OH, for Appellant.

Amelia A. Bower, Plunkett Cooney, Columbus, OH, for Appellee.

Before: HARRIS, RHODES, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.

OPINION

ARTHUR I. HARRIS, Bankruptcy Judge.

After reviewing the record and the parties' briefs, the Panel determines that the bankruptcy court did not err in granting summary judgment against the trustee and in favor of BAC Home Loans Servicing, LP. We therefore affirm for the reasons stated in the bankruptcy court's well-written opinion entered on March 23, 2011, Rhiel v. BAC Home Loans Servicing, LP, (In re Foster), 448 B.R. 914 (Bankr. S.D.Ohio 2011), and for the reasons stated in the Bankruptcy Appellate Panel's opinion entered on June 24, 2011, Rogan v. Fifth Third Mortgage Co., (In re Rowe), 452 B.R. 591 (6th Cir. BAP 2011) (analyzing a similar issue under Kentucky law).

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458 B.R. 391, 2011 WL 5509084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-foster-bap6-2011.