- 11 U.S.C.
Daneman v. National City Mortg. Co. (In re Cornelius)
Jul
14
2009
Ruling
Mortgage that was improperly executed under state law avoided.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff trustee filed an adversary proceeding against defendant company to cancel a mortgage granted to the company, pursuant to 11 U.S.C.S. § 544, because the trustee alleged that the mortgage was defective under Ohio Rev. Code Ann. § 5301.01. The trustee filed a motion for summary judgment.
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Court
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