Skip to main content

Arnold v. Bank of N.Y. Trust Co. (In re Badagliacca)

Arnold v. Bank of N.Y. Trust Co. (In re Badagliacca)

Ruling
Refinanced first mortgage in which debtor's name was misspelled was avoidable.
Procedural posture

In an adversary proceeding filed against various claimants, including putative mortgagees, to avoid a refinanced first mortgage pursuant to 11 U.S.C.S. § 544(a)(3), trustee filed a motion for summary judgment on the avoidance claim. He also sought summary judgment against the two purported mortgagees who had failed to answer.

ABI Membership is required to access the full summary of Arnold v. Bank of N.Y. Trust Co. (In re Badagliacca) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 23, 2009 , LexisNexis #0409-053