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In re Nutgrass

79 UCC Rep. Serv. 2d 672 (2013)

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In re Nutgrass

United States Bankruptcy Court for the Eastern District of Kentucky
79 UCC Rep. Serv. 2d 672 (2013)

  • Written by Sheryl McGrath, JD

Facts

Michael and Melissa Nutgrass (debtors) were a married couple who filed a Chapter 7 bankruptcy petition. When the Nutgrasses filed the bankruptcy petition, they were residing in a manufactured home in Kentucky owned by Melissa. Melissa also owned the real property on which the manufactured home was located. The certificate of title on the manufactured home showed that a lending company named Green Tree had a lien on the home. In addition to Green Tree, a creditor named Citi Financial Services (Citi) (creditor) had a lien on the home and the real property. However, Citi was not shown on the home’s title certificate. In the bankruptcy action, the Nutgrasses did not assert a homestead exemption for the home or the real property. Citi asserted a secured interest in the manufactured home as fixture to real property.

Rule of Law

Issue

Holding and Reasoning (Schaaf, J.)

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