§ 544

Dahlin, In re--Sommers v. Dale

Ruling: 
Trustee's motion for summary judgment granted where trustee was a bona fide purchaser and did not have constructive or inquiry notice of defendants' interest in the property before debtor filed her bankruptcy petition. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on August 28,2018, LexisNexis #1018-051

McCowan, In re

Ruling: 
Trustee's objection to claim contesting the secured status of a bank was allowed as trustee canassert his strong-arm rights under § 544 defensively without being bound by the timerestrictions found in § 546. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-018

McCowan, In re

Ruling: 
Trustee's objection to claim contesting the secured status of a bank was allowed as trustee canassert his strong-arm rights under § 544 defensively without being bound by the timerestrictions found in § 546. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-018

Rivera, In re--Wiscovitch v. Banco Popular De P.R.

Ruling: 
Bank's security interest was unavoidable where debtor's savings account was subject to the bank's lien because the bank had a perfected security interest in the debtor's savings account. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on August 02,2018, LexisNexis #0918-053

Isaacs, In re--Isaacs v. DBI-ASG Coinvestor Fund, III, LLC

Ruling: 
Debtor had derivative standing to pursue a strong-arm claim as § 544(a) rights are granted anew each time the debtor files for bankruptcy. (6th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on July 18,2018, LexisNexis #0818-107

Goodrich Petroleum Corp., In re--Fallon Family, L.P. v. Goodrich Petroleum Corp.

Ruling: 
Court ruled that the integration of the promissory note and lease ratification into theunrecorded settlement agreement would not put a hypothetical bona fide purchaser on noticeof the terms of the settlement agreement. (5th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on June 27,2018, LexisNexis #0818-016

Goodrich Petroleum Corp., In re--Fallon Family, L.P. v. Goodrich Petroleum Corp.

Ruling: 
Court ruled that the integration of the promissory note and lease ratification into theunrecorded settlement agreement would not put a hypothetical bona fide purchaser on noticeof the terms of the settlement agreement. (5th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on June 27,2018, LexisNexis #0818-016

Mercado, In re--Miranda v. Banco Popular de Puerto Rico

Ruling: 
Trustee could not avoid an unrecorded mortgage as transfer in debtor's real property where aprepetition transfer never occurred in its favor as bank did not record the mortgage deed overdebtor's real property. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on June 15,2018, LexisNexis #0718-074

Shiloh Mgmt. Servs., In re--Hillen v. Preston Roth IRA, LLC

Ruling: 
Deeds of trust were not subject to avoidance as court held that each of the acknowledgmentsat issue substantially complies with the corporate acknowledgment form specified by statute.(Bankr. D. Idaho)
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Commercial case opionion summary, case decided on June 15,2018, LexisNexis #0718-075

Parrish v. Lincoln Nat'l Bank

Ruling: 
Debtor did not have standing to bring a preference action without first seeking an orderauthorizing the filing of the complaint. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on May 10,2018, LexisNexis #0618-052

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