CA6 (Bankruptcy): Rogan v. Bank One, Natl Assoc (ED Ky 8/9/2006)

Rogan v. Bank One, Natl Assoc
Eastern District of Kentucky at Lexington
Bankruptcy: Liens
06a0284p.06 8/9/2006

RONALD LEE GILMAN, Circuit Judge. J. James Rogan, as the trustee of Kenneth and Melissa Cook’s bankruptcy estate, brought this action to assert his interest in real property that was mortgaged by the Cooks. He argues that Bank One, National Association, which claims to own the mortgage, does not have a perfected security interest in the property that is superior to Rogan’s interest as a judicial lien creditor. Both the bankruptcy court and the district court ruled against Rogan. The district court also affirmed the bankruptcy judge’s holding that Bank One, in recording its interest as the assignee of the mortgage, did not violate the automatic stay of any proceedings against the Cooks after they filed for bankruptcy. For the reasons set forth below, we likewise AFFIRM the judgment of the bankruptcy court.