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In re Levitt & Sons LLC

In re Levitt & Sons LLC

Ruling
Equitable lien of lot purchasers was subordinate to creditor's prepetition security deed.
Procedural posture

After the debtors filed for chapter 11 bankruptcy protection, two lot purchasers filed a motion claiming that they were entitled to a statutory or equitable lien on a specific lot and that their lien was senior and prior in right of payment to the security deed of a creditor. The creditor objected to the motion and moved for summary judgment.

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Commercial opinion summary, case decided on July 16, 2008 , LexisNexis #0908-044