- 11 U.S.C.
Rogan v. MILA (In re Allen)
Aug
11
2010
Ruling
Trustee could not avoid mortgage securing properly endorsed note.
Procedural posture
Chapter 7 trustee filed a complaint against defendant creditors to avoid a mortgage lien pursuant to his strong arm powers in 11 U.S.C.S. § 544(a)(1). The trustee and one of the creditors, the holder of the mortgage and note, filed cross-motions for summary judgment. Another creditor, a second mortgage holder, filed a motion for summary judgment, joining in the trustee's motion.
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Court
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