- 11 U.S.C.
Woodbridge Grp. of Cos., LLC, In re--De La Rochelle v. In re Woodbridge Grp. of Cos., LLC
Oct
05
2018
Ruling
Claim dismissed as even if the plaintiffs could establish a right for imposition of a constructive trust or equitable lien against debtor's property, the debtor could avoid any such equitable interest pursuant to the strong-arm powers of the bankruptcy code. (Bankr. D. Del.)
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.
Goodrich Petroleum Corp., In re--Fallon Family, L.P. v. Goodrich Petroleum Corp.
Jun
27
2018
Ruling
Court ruled that the integration of the promissory note and lease ratification into theunrecorded settlement agreement would not put a hypothetical bona fide purchaser on noticeof the terms of the settlement agreement. (5th Cir.)
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.
Goodrich Petroleum Corp., In re--Fallon Family, L.P. v. Goodrich Petroleum Corp.
Jun
27
2018
Ruling
Court ruled that the integration of the promissory note and lease ratification into theunrecorded settlement agreement would not put a hypothetical bona fide purchaser on noticeof the terms of the settlement agreement. (5th Cir.)
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.
Shiloh Mgmt. Servs., In re--Hillen v. Preston Roth IRA, LLC
Jun
15
2018
Ruling
Deeds of trust were not subject to avoidance as court held that each of the acknowledgmentsat issue substantially complies with the corporate acknowledgment form specified by statute.(Bankr. D. Idaho)
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.
Brannon, In re--Pettie v. Brannon
Apr
05
2018
Ruling
Trustee was entitled to avoid a transfer as the divorce decree awarding the house to debtor's former spouse had not been recorded and a lis pendens was not filed. (Bankr. N.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.
Heritage Real Estate Inv., Inc, In re--Smith v. Dynasty Grp., Inc.
Oct
17
2017
Ruling
Trustee may avoid quitclaim deed as the deed was not recorded before the debtor declaredbankruptcy. (Bankr. S.D. Miss.)
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.
Murphy, In re--Lubin v. Murphy
Oct
13
2017
Ruling
Trustee could avoid the transfer as there was no actual or constructive notice to the trustee ofthe transfer of the security deed to the defendant. (Bankr. N.D. Ga.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights
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Court
:
- 11 U.S.C.
HSBC Bank USA, N.A. v. Lassman (In re Demore)
Dec
13
2016
Ruling
Mortgage executed by attorney-in-fact could not be avoided as it was deemed as free act anddeed of debtors. (1st Cir.)
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
:
( Judge Barron ) [ Circuit Court ]
- 11 U.S.C.
Delgado v. Green (In re Leon)
Dec
12
2016
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.)
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.
Cuzco Dev. U.S.A., LLC v. JCCHO Haw., LLC (In re Cuzco Dev. U.S.A., LLC)
Nov
03
2016
Ruling
Debtor in possession could avoid master lease not noted on transfer of certificate of title.(Bankr. D. Hawaii)
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
: