Notinger v. Wells Fargo (In re Prescott)
Mar
12
2009
Ruling
Attachment issued in postpetition state court action to reform mortgage that was outside scope of relief from stay granted was voidable.
Procedural posture
A chapter 7 trustee and chapter 7 debtors, filed an adversary proceeding against bank, seeking an order allowing the trustee to avoid a lien the bank held on the debtors' property, pursuant to 11 U.S.C.S. § 544(a)(2), claiming that an attachment the bank obtained in state court violated the automatic stay and was voidable under 11 U.S.C.S. § 549(a)(1) and (2)(B). The parties filed cross-motions for summary judgment.
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Court
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