- 11 U.S.C.
Jaghab, In re--Thaler v. GJ & JF Realty Holdings, Inc.
Apr
16
2018
Ruling
Court ruled that debtor's estate owned 50 percent of the shares of the company free of any lien or claim as defendant never perfected his interest in those shares. (Bankr. E.D.N.Y.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers.
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Court
:
- 11 U.S.C.
Oakes, In re--Oakes v. PNC Mortg. Co.
Feb
06
2018
Ruling
Court deemed that the constructive notice provision of Ohio Revised Code § 1301.401 did notdefeat the trustee's powers as a hypothetical judicial lien creditor. (6th Cir.)
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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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Westby, In re-Huffman v. Gollersrud
Feb
13
2017
Ruling
Security interest was avoidable where creditor failed to file a financing statement or takepossession of the note under local statutes. (Bankr. D. Or.)
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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Court
:
- 11 U.S.C.
Ellis v. IPC (USA) Inc. (In re Pettit Oil Co.)
May
19
2016
Ruling
Trustee had status of senior secured party in debtor's stored fuel, ahead of claim of consignor.
Issue(s)
Did the trustee, as a hypothetical judgment lien creditor, have a senior interest to creditor consignor in the fuel that was in the debtor's tanks as of the petition date?
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Court
:
- 11 U.S.C.
Fangio v. DivLend Equip. Leasing LLC (In re AJAX Integrated LLC)
Mar
23
2016
Ruling
Creditor that had adequate remedy at law and had lacked due diligence in pursuing claim denied equitable remedy that would defeat trustee's avoidance powers.
Issue(s)
Whether the court should recognize an equitable remedy that would defeat the Trustee's avoidance powers.
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Court
:
- 11 U.S.C.
Gordon v. Harman (In re Harman)
Sep
25
2014
Ruling
Trustee lacked authority to bring claims on behalf of creditors.
Issue(s)
Could trustee bring claims on behalf of creditors?
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Court
:
- 11 U.S.C.
In re Lozar
Mar
06
2014
Ruling
Erroneous notation of lien discharge and transfer of certificate of title to debtor not remedied prior to petition date gave trustee priority over no longer secured creditor.
Issue(s)
Did erroneous discharge of lien secured by debtor's Harley Davidson motorcycle and transfer of the certificate of title to the debtor, which were not remedied prior to the petition date, leave creditor with an unsecured claim?
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Court
:
- 11 U.S.C.
Duplication Mgmt. v. Countrywide Home Loans Inc.
Nov
04
2013
Ruling
Payments on debtor's sole shareholder's mortgage while debtor was insolvent were avoidable as fraudulent.
Issue(s)
Were payments on debtor's sole shareholder's mortgage while debtor was insolvent fraudulent transfers.
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:
- 11 U.S.C.
McCarty v. Toyota Motor Credit Corp. (In re Christopher)
Jun
25
2013
Ruling
Valid pre-petition purchase money unperfected security interest in the debtors' vehicle was not avoidable.
Procedural posture
Debtors filed a voluntary petition for relief under the provisions of chapter 13. Plaintiff trustee filed an adversary proceeding seeking to determine the validity of defendant creditor's lien, to avoid the creditor's lien, and to object to the creditor's claim.
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Court
:
- 11 U.S.C.
Nesse v. GMAC Mortg. LLC (In re Barnes)
Apr
19
2012
Ruling
Claim based on deed of trust that had not been recorded avoided.
Procedural posture
The chapter 7 trustee sought to avoid, pursuant to 11 U.S.C.S. § 544(a)(1) and (3), the claim of creditor lender based upon a deed of trust that had inadvertently not been recorded. The creditor had filed a motion for relief from stay, asserting that the property was equitably encumbered by a prior deed of trust that had been recorded.
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Court
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