In Re: Bernard L. Zaptocky and Gloria J. Zaptocky, Debtors. David O. Simon, Chapter 7 Trustee v. Chase Manhattan Bank

U.S. Court of Appeals, Sixth Circuit · Decided 2001-05-22

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OPINION NATHANIEL R. JONES, Circuit Judge. Plaintiff-Appellee David 0. Simon is the trustee of Bernard and Gloria Zaptocky’s bankruptcy estate. During the course of the Zaptocky bankruptcy proceedings, Simon filed an action to set aside a mortgage that the Zaptockys granted to Defendant-Appellant Chase Manhattan Bank (“Chase”). Simon asserted that the Bankruptcy Code’s strong arm clause allows the esta…

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