- 11 U.S.C.
Fix, In re--Cafferty v. Fix
Mar
29
2024
Ruling
Factual issues precluded summary judgment in avoidance proceeding involving unrecordedinterest in real estate. (Bankr. N.D. Ohio)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights
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- 11 U.S.C.
Neundorf, In re--Manchester v. Neundorf
Jan
13
2022
Ruling
Trustee was entitled to use her strong-arm powers to avoid the transfer of the wife's undividedone-half interest in the property to the husband and quiet title to the property in the wife'sname. (Bankr. W.D. Okla.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights
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- 11 U.S.C.
Cancel, In re--Miranda v. Banco Popular de P.R.
Aug
06
2021
Ruling
Bankruptcy court properly held that trustee did not have power to avoid an unrecordedmortgage as it was not a transfer voidable by a bona fide purchaser. (1st 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.
Las Uvas Valley Dairies, In re--Metropolitan Life Ins. Co. v. Las Uvas Valley Dairies
Mar
08
2019
Ruling
Unsecured creditors' committee could not avoid a major secured creditor's mortgages on water rights associated with property mortgaged by debtor because the Water Right Change of Ownership Statute did not apply to mortgages. (Bankr. D.N.M.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Bona Fide Purchaser of Real Property.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Bowers, In re--Kelley v. Ocwen Loan Servicing, LLC
Dec
26
2018
Ruling
Trustee's interest in debtor's property was free and clear of bank's security deed as he may claim the interest of a bona fide purchaser. (Bankr. M.D. Ga.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Bona Fide Purchaser of Real Property.
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Court
:
- 11 U.S.C.
Armstead, In re
Dec
19
2018
Ruling
The trustee possessed the requisite standing to ask the court for a determination that creditor'slien expired, without renewal, by operation of law and was null and void. (Bankr. N.D. W. Va.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Casanova, In re
Dec
18
2018
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Bona Fide Purchaser of Real Property.
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- 11 U.S.C.
Casanova, In re
Dec
18
2018
Ruling
Action seeking avoidance was subject to dismissal as debtors' purchase and mortgage deeds were still pending recordation. (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 Bona Fide Purchaser of Real Property.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Conley, In re--United States Tr. v. Conley
Dec
14
2018
Ruling
Action seeking avoidance was subject to dismissal as debtors' purchase and mortgage deeds were still pending recordation. (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 Bona Fide Purchaser of Real Property.
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Court
:
- 11 U.S.C.
Alpha Protective Servs., In re--Gordon v. Rogich
Oct
12
2018
Ruling
Pre-petition payment could not be avoided as the trustee met its burden in establishing that debtor was insolvent at the time of the transfer but failed to show that defendant had reasonable cause to believe debtor was insolvent. (Bankr. M.D. Ga.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Bona Fide Purchaser of Real Property.
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