- 11 U.S.C.
Bruegge v. WBCMT 2007-C33 MID Am. Lodging (In re Estate of HIE of Effingham LLC)
Mar
29
2013
Ruling
Improper abandonment order modified but mortgage on property could not be avoided.
Procedural posture
Bankruptcy trustee brought an adversary proceeding against mortgage creditor seeking to modify a stipulated order which provided for abandonment of a bankruptcy debtor's hotel property based on a settlement upon which the debtor defaulted, and seeking to avoid the creditor's mortgage lien as unenforceable. The trustee moved to modify the stipulated abandonment order and the creditor moved to dismiss the avoidance claim.
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Court
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