- 11 U.S.C.
In re Motta
Jan
15
2010
Ruling
First mortgage cold not be avoided absent evidence that second unrecorded mortgage was intended to discharge the first mortgage.
Procedural posture
In this adversary proceeding, plaintiff chapter 7 trustee sought a ruling that a creditor's purported security interest in the debtors' real property could be avoided pursuant to 11 U.S.C.S. § 544(a)(3). The trustee filed a motion for summary judgment.
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Court
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