- 11 U.S.C.
Arnold v. Bank of N.Y. Trust Co. (In re Badagliacca)
Feb
23
2009
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.
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Court
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