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Schlarman v. Chase Home Fin. LLC (In re Padgitt)

Schlarman v. Chase Home Fin. LLC (In re Padgitt)

Ruling
Trustee could avoid interest of debtor spouse in property where mortgage only covered one- half interest of debtor.
Procedural posture

Plaintiff trustee filed an action against defendant creditor alleging that the trustee could avoid a mortgage held by the creditor on the debtors' home, pursuant to the provisions of 11 U.S.C.S. § 544. The parties filed cross motions for summary judgment.

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Consumer opinion summary, case decided on September 11, 2008 , LexisNexis #0109-051