- 11 U.S.C.
Motta v. Andre (In re Motta)
Aug
10
2010
Ruling
Mortgage that secured note that was later reamortized could not be avoided by trustee.
Procedural posture
Appellant Chapter 7 trustee filed an adversary proceeding against appellee creditors, seeking a determination that a mortgage the creditors held on real property that was owned by two Chapter 7 debtors was avoidable under 11 U.S.C.S. § 544(a)(3). The United States Bankruptcy Court for the District of Massachusetts denied the trustee's motion for summary judgment and entered summary judgment, sua sponte, for the creditors. The trustee appealed.
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Court
:
Judge or Jurisdiction information not available