Opinion
No. 11-8023
11-10-2011
In re: JENNY FOSTER and REESE FOSTER, Debtors. SUSAN RHIEL, TRUSTEE, Appellant, v. BAC HOME LOANS SERVICING, LP, Appellee.
ON BRIEF: Susan L. Rhiel, RHIEL & ASSOCIATES CO., LPA, Columbus, Ohio, for Appellant. Amelia A. Bower, PLUNKETT COONEY, Columbus, Ohio, for Appellee.
ELECTRONIC CITATION: 2011 FED App. 0013P (6th Cir.)
File Name: 11b0013p.06
Appeal from the United States Bankruptcy Court
for the Southern District of Ohio
Case No. 09-63067; Adversary Case No. 10-2016
Before: HARRIS, RHODES, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.
COUNSEL
ON BRIEF: Susan L. Rhiel, RHIEL & ASSOCIATES CO., LPA, Columbus, Ohio, for Appellant. Amelia A. Bower, PLUNKETT COONEY, Columbus, Ohio, for Appellee.
OPINION
ARTHUR I. HARRIS, Bankruptcy Appellate Panel Judge. After 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 (B.A.P. 6th Cir. 2011) (analyzing a similar issue under Kentucky law).