In re Stewart

Ohio Supreme Court
In re Stewart, 96 Ohio St. 3d 67 (Ohio 2002)
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

In re Stewart

Opinion of the Court

{¶ 1} This matter is before the court on a certified question of state law from the Bankruptcy Appellate Panel of the United States Sixth Circuit Court of Appeals. The panel certified the following question:

{¶ 2} “Can Ohio Revised Code § 5301.234 be applied to presume the validity of a mortgage in a bankruptcy case filed after the effective date of the statute, when the mortgage at issue in the bankruptcy case was recorded before the statute’s effective date?”

{¶ 3} The certified question is answered in the affirmative.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

Reference

Full Case Name
In re Stewart In re Perry
Cited By
10 cases
Status
Published