- 11 U.S.C.
Burden v. Branch Banking & Trust Co. (In re Potter)
Mar
05
2008
Ruling
Improperly recorded mortgage avoided as not providing notice to trustee as bona fide purchaser.
Procedural posture
Defendant debtors filed for relief under chapter 13 of the Bankruptcy Code. Plaintiff trustee filed an adversary proceeding to avoid a mortgage lien held by defendant creditor, pursuant to 11 U.S.C.S. § 544(a). The trustee and the creditor filed motions for summary judgment.
ABI Membership is required to access the full summary of Burden v. Branch Banking & Trust Co. (In re Potter) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: