- 11 U.S.C.
Simon v. Citimortgage Inc. (In re Doubov)
Feb
10
2010
Ruling
Mortgage with faulty acknowledgement as to debtor wife was avoided as to the wife's one- half interest.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, two banks and the Cuyahoga County (Ohio) Treasurer, seeking a determination that he was entitled under 11 U.S.C.S. §§ 544(a)(3) and 551 and state law to set aside a mortgage on a one-half interest in real property and to preserve the property for the benefit of a chapter 7 debtor's bankruptcy estate. The trustee filed a motion for summary judgment.
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Court
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