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458 B.R. 391

Docket BAP No. 11-8023.

In Re Foster

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

Sixth Circuit Bankruptcy Appellate Panel

Decided November 10, 2011

Sixth Circuit Bankruptcy Appellate Panel · decided 2011-11-10

Cited by 1 later decisions — most recently July 2012

Relies on Rogan v. Fifth Third Mortgage Co. (In Re Rowe) · Rhiel v. BAC Home Loans Servicing, LP (In Re Foster)

Good law ✅— No negative treatment on recordhow we know

Decided 2011-11-10

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¶1United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: November 10, 2011.

¶2*392 Susan L. Rhiel, Rhiel & Associates Co., LPA, Columbus, OH, for Appellant.

¶3Amelia A. Bower, Plunkett Cooney, Columbus, OH, for Appellee.

¶4Before: HARRIS, RHODES, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.

¶5

OPINION

¶6ARTHUR I. HARRIS, Bankruptcy Judge.

¶7After 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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