- 11 U.S.C.
Anstaett, In re--Williamson v. Southwind Bank
Jun
13
2023
Ruling
Creditor claiming a security interest in a refinanced vehicle was not entitled to summaryjudgment on the trustee's avoidance claim as the trustee's rights as a lien creditor took priorityover an unperfected security interest. (Bankr. D. Kan.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights
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- 11 U.S.C.
Williams, In re--Hamilton v. Glob. Lending Servs., LLC
Apr
28
2023
Ruling
Creditor's security interest was unperfected under state law and could be avoided. (Bankr. D. Kan.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Judicial Lien Creditor.
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- 11 U.S.C.
Infinity Bus. Grp., Inc., In re--Anderson v. Morgan Keegan & Co.
Apr
19
2022
Ruling
Bankruptcy court properly applied in pari delicto to bar all of a bankruptcy trustee's claimsagainst a financial services company. (4th Cir.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights
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Judge or Jurisdiction information not available
- 11 U.S.C.
Rens, In re--Sparhawk v. Davis
Oct
29
2021
Ruling
Bankruptcy court erred in granting summary judgment to the bankruptcy trustee to the extentthat the judgment required turnover of a portion of trust income and principal after thedebtor's death because the trust implicitly terminated the debtor's interest upon his death.(B.A.P. 9th Cir.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights
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Judge or Jurisdiction information not available
- 11 U.S.C.
Imagine Air Jet Servs. LLC, In re--Trauner v. Van Diemans Land Fin. Pty. Ltd.
Sep
09
2020
Ruling
Plaintiff Chapter 7 trustee was entitled to a declaratory judgment as defendant did not file thesecurity agreement granting defendant a security interest in the aircraft with the FederalAviation Administration. (Bankr. N.D. Ga.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights
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Judge or Jurisdiction information not available
- 11 U.S.C.
New Eng. Confectionary Co., In re
Jul
19
2019
Ruling
Motion to dismiss denied where trustee had standing to assert a mere instrumentality claimunder 11 U.S.C. § 544(a)(1). (Bankr. D. Mass.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights
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- 11 U.S.C.
Pettit Oil Co., In re--IPC (USA), Inc. v. Ellis
Mar
11
2019
Ruling
Lack of a "reachback" provision was not a hindrance to trustee claiming an interest in proceedsthat arose pre-petition. (9th Cir.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights
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Judge or Jurisdiction information not available
- 11 U.S.C.
Oakes, In re--Harker v. PNC Mortg. Co.
Mar
05
2019
Ruling
Trustee's lien had priority pursuant to state law. (6th Cir.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights
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Judge or Jurisdiction information not available
- 11 U.S.C.
Trinity 83 Dev. v. Colfin Midwest Funding
Mar
01
2019
Ruling
Mortgagee retained its original rights as the release was a unilateral error that could berectified unilaterally. (7th Cir.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights
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Judge or Jurisdiction information not available
- 11 U.S.C.
Rivera, In re--Wiscovitch v. Banco Popular De P.R.
Aug
02
2018
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.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Judicial Lien Creditor.
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