§ 544

Westby, In re-Huffman v. Gollersrud

Ruling: 
Security interest was avoidable where creditor failed to file a financing statement or takepossession of the note under local statutes. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on February 13,2017, LexisNexis #0317-076

Aquatic Pools, Inc., In re

Ruling: 
IRS tax liens could not be avoided as the liens were perfected as to penalties accruing after notices were filed. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on February 08,2017, LexisNexis #0317-040

Perry, In re--Kelley v. Wells Fargo Bank, N.A.

Ruling: 
Trustee could not use his strong-arm powers to avoid the security deed as it was eligible forrecording and thus its recordation provided constructive notice to subsequent bona fidepurchasers. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on July 01,2015, LexisNexis #0317-018

Desmond v. Donovan (In re Donovan)

Ruling: 
Court allowed trustee to avoid transfers made by debtor to her son as the debtor did notreceive reasonably equivalent value for the transfers. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on January 25,2017, LexisNexis #0217-091

In re Petters Co.

Ruling: 
Trustee had standing to avoid fraudulent transfers because allegations of fraud aresufficiently pleaded.(Bankr. D. Minn.)
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Commercial case opionion summary, case decided on December 01,2016, LexisNexis #0117-074

Delgado v. Green (In re Leon)

Ruling: 
Trustee had the rights of a bona fide purchaser of a real property where debtors' owned a 50%joint tenancy interest. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on December 12,2016, LexisNexis #0117-049

HSBC Bank USA, N.A. v. Lassman (In re Demore)

Ruling: 
Mortgage executed by attorney-in-fact could not be avoided as it was deemed as free act anddeed of debtors. (1st Cir.)
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Consumer case opionion summary, case decided on December 13,2016, LexisNexis #0117-050

Simmons v. Fed. Home Loan Mortg. Corp. (In re Simmons)

Ruling: 
Debtors could avoid a mortgage recorded in a location that would not provided constructivenotice to creditors. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on November 08,2016, LexisNexis #1216-077

Edwards v. Arledge (In re Arledge)

Ruling: 
Transfers to living trust within four years of petition date could be avoided as fraudulent.(Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on November 18,2016, LexisNexis #1216-076

Ellis v. IPC (USA), Inc. (In re Pettit Oil Co.)

Ruling: 
Transferee not entitled to recoupment where it lacked defense to trustee’s avoidance claim.(Bankr. W.D. Wash.)
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Commercial case opionion summary, case decided on November 03,2016, LexisNexis #1216-014

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