Paul Welch v. Mat Manning

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 07-1952
___________
In re: Raymond J. Vondall; Charlotte *
M. Vondall, *
*
Debtors. *
----------------------------------- *
*
Dwight R.J. Lindquist, Chapter 7 *
Trustee of the bankruptcy estate of *
Raymond J. Vondall and Charlotte M. *
Vondall, *
*
Appellee, *
*
v. * Appeal from the United States
* Bankruptcy Appellate Panel
* for the Eighth Circuit.
*
Household Industrial Finance * [UNPUBLISHED]
Company, *
*
Appellant. *
___________
Submitted: May 16, 2008
Filed: June 4, 2008
___________
Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.
___________
PER CURIAM.

-- 1 of 2 --

1The Honorable Robert J. Kressel, United States Bankruptcy Judge for the
District of Minnesota.
-2-
Household Industrial Finance Company (Household) appeals from a decision
of the Bankruptcy Appellate Panel (BAP) affirming the bankruptcy court’s 1 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 re Vote, 276 F.3d 1024, 1026 (8th Cir.
2002), we find no basis for reversal. We agree with the bankruptcy court’s well-
reasoned opinion, and accordingly affirm. See 8th Cir. R. 47B.
______________________________

-- 2 of 2 --