In Re Foster
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.
Opinion
In re Jenny FOSTER and Reese Foster, Debtors.
Susan Rhiel, Trustee, Appellant,
v.
BAC Home Loans Servicing, LP, Appellee.
United States Bankruptcy Appellate Panel of the Sixth Circuit.
*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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Cite This Page — Counsel Stack
458 B.R. 391, 2011 WL 5509084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-foster-bap6-2011.