Sixth Circuit -- In re: Elizabeth Collins

In re: Elizabeth Collins 

Bankruptcy trustee's status as a hypothetical judicial lien creditor perfected as the date of filing means that an allegation that another creditor was not perfected as of date of filing means that a 12(b)(6) dismissal of the trustee's assertion of priority is durn wrongheaded.

Ambiguity as to who held the mortgage paper on the date of filing meas that , prior to summary judgment, the court must determine the proper holder at the time.

No error in bankruptcy court setting aside default judgment under 60(b)(6) when all parties agree that the entity had no interest or claim in anything on the date of filing.