In re Vondall, 060408 FED8, 07-1952
|Opinion Judge:||PER CURIAM.|
|Party Name:||In re: Raymond J. Vondall; Charlotte M. Vondall, Debtors. v. Household Industrial Finance Company, Appellant. Dwight R.J. Lindquist, Chapter 7 Trustee of the bankruptcy estate of Raymond J. Vondall and Charlotte M. Vondall, Appellee,|
|Judge Panel:||Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.|
|Case Date:||June 04, 2008|
|Court:||United States Courts of Appeals, Court of Appeals for the Eighth Circuit|
Submitted: May 16, 2008
Appeal from the United States Bankruptcy Appellate Panel for the Eighth Circuit.
Household Industrial Finance Company (Household) appeals from a decision of the Bankruptcy Appellate Panel (BAP) affirming the bankruptcy court's1 opinion granting summary judgment in favor of Dwight Lindquist (trustee) in this Chapter 7 bankruptcy case brought by Raymond and Charlotte Vondall (debtors).
In April 2006, the trustee filed a complaint seeking to avoid Household's purported mortgage on debtors' homestead, under 11 U.S.C. §§ 544 and 547, asserting that Household had failed to provide, to subsequent transferees, inquiry notice or constructive notice of the mortgage under the Minnesota Recording Act. Household had recorded the mortgage, but the mortgage as recorded incorrectly identified debtors' property. Upon review of the bankruptcy court's factual findings for clear error, and its legal conclusions de novo, see In...
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