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§ 362(b)(3)

United States v. Hump (In re Hump)

Jun
26
2007
Ruling
Bureau of Indian Affairs not entitled to equitable lien against chapter 12 debtors-in- possession as it would be voidable and not serve any legitimate purpose.
Procedural posture

Plaintiff, the United States, acting through the Department of Interior, Bureau of Indian Affairs ("BIA"), filed a motion for summary judgment on its claims against defendant chapter 12 debtors, which sought permission to record under 11 U.S.C. § 362(b)(3) its mortgage on certain land conveyed or to be conveyed to one of the debtors and the entry of a judgment granting the BIA an equitable lien on the property.

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opinion summary, case decided on June 26, 2007 , LexisNexis #0807-098
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In re WorldCom Inc.

Feb
23
2007
Ruling
Creditor's claim was unsecured due to failure to act to protect lien that expired thirty days after chapter 11 plan confirmation.
Procedural posture

The debtors filed a motion for partial summary judgment to reclassify creditor's claim number as unsecured. The creditor filed its own motion for summary judgment and argued that its claim was secured by virtue of a mechanic's lien under Nebraska law.

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opinion summary, case decided on February 23, 2007 , LexisNexis #0307-129
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