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Hopkins v. Suntrust Mortg. Inc.

Hopkins v. Suntrust Mortg. Inc.

Ruling
Unauthorized postpetition mortgage secured by property of the estate avoided.
Procedural posture

Pursuant to 11 U.S.C.S. § 549, plaintiff chapter 7 trustee commenced an adversary proceeding against defendant mortgagee to avoid a newly granted mortgage to the debtors as an unauthorized post-petition transfer of property of the bankruptcy estate.

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Consumer opinion summary, case decided on September 16, 2010 , LexisNexis #1010-055