- 11 U.S.C.
Gugino v. Wells Fargo Bank Northwest (In re Lifestyle Home Furnishings LLC)
Jan
14
2010
Ruling
Security interest avoided due to creditor's failure to file amendment reflecting debtor's new name.
Procedural posture
Chapter 7 trustee, brought an adversary proceeding against defendant creditor, to avoid its claimed security interest on property of the bankruptcy estate under 11 U.S.C.S. § 544(a)(1). The trustee moved for the entry of partial summary judgment, asserting the creditor failed to comply with Idaho law regarding the perfection of its security interest and that its interest became unperfected after the debtor changed its name.
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- 11 U.S.C.
Palmer v. Washington Mut. Bank (In re Ritchie)
Sep
24
2009
Ruling
Creditor's alleged interest in debtor's manufactured home properly avoided by bankruptcy court in accordance with state law.
Procedural posture
Creditor challenged an order of the bankruptcy court for the Eastern District of Kentucky granting the motion for summary judgment of plaintiff, the chapter 7 Trustee, and avoiding the creditor's lien on debtor's manufactured home.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Den-Mark Props. LLC v. SunTrust Bank (In re Den-Mark Props. LLC)
Mar
27
2009
Ruling
Improperly recorded second deed of trust could be avoided.
Procedural posture
Debtor sued holder of a second deed of trust on certain properties and trustee, seeking to invalidate the second deed of trust, a determination that their' claims were unsecured with respect to the properties, and to require amounts held in escrow resulting from the sale of certain properties to be paid to the debtor. The debtor moved for summary judgment.
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- 11 U.S.C.
Gugino v. Canyon Fin. Of Boise Inc. (In re Green)
Mar
20
2009
Ruling
Trustee's interest in motorcycle as hypothetical judicial lien creditor was superior to that of creditor with unperfected security interest.
Procedural posture
Chapter 7 trustee brought an adversary proceeding against creditor, seeking to avoid an asserted security interest in a motorcycle on the grounds that the security interest was unperfected when the debtors filed their chapter 7 bankruptcy petition, and thus avoidable under 11 U.S.C.S. § 544(a)(1). The court held a trial.
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- 11 U.S.C.
Gugino v. GMAC (In re Laursen)
Jun
26
2008
Ruling
Typographical error in certificate of title did not render security interest in motor vehicle avoidable as improperly perfected.
Procedural posture
Plaintiff trustee filed an adversary proceeding to avoid, pursuant to 11 U.S.C.S. § 544(a)(1), defendant creditor's security interest as unperfected when the debtor filed the chapter 7 petition.
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:
- 11 U.S.C.
Lovald v. Claussen (In re Claussen)
Mar
23
2007
Ruling
Unperfected redistribution of equity in marital home was avoidable by trustee.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, a bankruptcy debtor and her former spouse, alleging that a redistribution of equity in the marital home of the debtor and the spouse in their divorce agreement was avoidable as subordinate to the trustee's hypothetical judicial lien under 11 U.S.C. § 544(a)(1). The bankruptcy court conducted a trial.
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:
- 11 U.S.C.
Kipperman v. Sutherland (In re Bush)
Nov
14
2006
Ruling
Charging lien against both real estate and proceeds of sale was valid and non-avoidable.
Procedural posture
After plaintiff trustee filed an adversary proceeding asserting claims for relief under 11 U.S.C. §§ 544(a)(1), (2) and (3), 545(2) and 547(b), the effect of which would be to avoid a charging lien filed by defendant, former counsel to the chapter 7 debtor, defendant moved for summary judgment declaring that the charging lien was valid and had attached to proceeds of the sale of debtor's real estate in connection with debtor's divorce.
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- 11 U.S.C.
Musso v. Ostashko
Nov
06
2006
Ruling
Matrimonial assets were estate property where divorce judgment was docketed after filing date due to trustee's status as hypothetical lien creditor.
Procedural posture
In a chapter 7 case, appellant trustee filed an adversary proceeding against appellee, the debtor's ex-wife. The wife sought a declaration that the marital assets were not property of the bankruptcy estate and that she was entitled to them by a state matrimonial court judgment. The bankruptcy court found in favor of the trustee, but the District Court for the Eastern District of New York reversed. The trustee sought review.
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- 11 U.S.C.
In re Lortz
Jun
16
2006
Ruling
Trustee was allowed to avoid lien since creditor's clerical error and erroneous release of title made creditor unsecured creditor.
Procedural posture
A chapter 7 trustee sought to avoid a creditor's lien, pursuant to 11 U.S.C. § 544(a)(1), the "strong arm provision." The creditor filed a motion for relief from the automatic stay.
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