Banks, et al. v. Kondaur Capital Corp., No. 11-6025 (8th Cir. 2011)
Annotate this CaseDebtors appealed the bankruptcy court's entry of summary judgment in favor of defendant in debtors' adversary action seeking, inter alia, to avoid defendant's mortgage lien on debtors' residence. The court held that summary judgment was improper in this case because there was a material issue of fact regarding whether defendant had possession of the original promissory note.
Court Description: Bankruptcy Appellate Panel. Summary judgment was inappropriate as there was a material issue of fact regarding whether Kondaur has possession of the original promissory note; remanded for further proceedings.
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