In re Stewart

Ohio Supreme Court

In re Stewart

761 N.E.2d 45, 94 Ohio St. 3d 1427, 2002 Ohio LEXIS 75

CourtOhio Supreme Court

DecidedJanuary 16, 2002

Docket01-2031

StatusPublished

This text of 761 N.E.2d 45 (In re Stewart) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Stewart, 761 N.E.2d 45, 94 Ohio St. 3d 1427, 2002 Ohio LEXIS 75 (Ohio 2002).

Pincite

Opinion

Certified State Law Questions, Nos. 008090 and 018032. On review of preliminary memoranda pursuant to S.Ct.Prac.R. XVIII(6). The Bankruptcy Appellate Panel of the Sixth Circuit certified the following question to this court:

“Can Ohio Revised Code § 5301.234 be applied to presume the validity of a mortgage in a bankruptcy case filed after the effective date of the statute, when the mortgage at issue in the bankruptcy case was recorded before the statute’s effective date?”

The court will answer the above question.

Douglas, Pfeifer and Lundberg Stratton, JJ., dissent.

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Certified State Law Questions, Nos. 008090 and 018032. On review of preliminary memoranda pursuant to S.Ct.Prac.R. XVIII(6). The Bankruptcy Appellate Panel of the Sixth Circuit certified the following question to this court:

“Can Ohio Revised Code § 5301.234 be applied to presume the validity of a mortgage in a bankruptcy case filed after the effective date of the statute, when the mortgage at issue in the bankruptcy case was recorded before the statute’s effective date?”

The court will answer the above question.

Douglas, Pfeifer and Lundberg Stratton, JJ., dissent.

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Bluebook (online)

761 N.E.2d 45, 94 Ohio St. 3d 1427, 2002 Ohio LEXIS 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-stewart-ohio-2002.

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