- 11 U.S.C.
Segarra Miranda v. Garrido Pagan (In re Garrido Jimenez)
Jun
19
2007
Ruling
Trustee could avoid prepetition transfer of real estate that was not recorded until after petition date.
Procedural posture
Defendant transferees appealed a decision of the Bankruptcy Court for the District of Puerto Rico that granted summary judgment in favor of plaintiff chapter 7 trustee. The issue was whether the trustee was entitled to avoid the prepetition transfer of real estate to the transferees where the deed was not recorded until after the commencement of the debtor's bankruptcy case.
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- 11 U.S.C.
In re Pina
Mar
06
2007
Ruling
Trustee could avoid debtor's co-tenant's unrecorded equitable interest in property as bona fide purchaser.
Procedural posture
Pending was the motion of a creditor and co-tenant to compel compliance with a state court order or, alternatively, to dismiss the case or grant relief from stay. Pursuant to the motion, the creditor and co-tenant primarily sought an order compelling the court to give effect to a final judgment of a Massachusetts court requiring debtor to convey her 51 percent interest in a property. The chapter 7 trustee and debtor opposed the motion.
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Court
:
- 11 U.S.C.
In re Campbell
Jan
25
2007
Ruling
Trustee's sale conducted on petition date could not be avoided where debtor could not prove petition was filed before completion of sale.
Procedural posture
Chapter 13 debtor claimed that creditor violated state law in enforcing a deed of trust.
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Court
:
- 11 U.S.C.
Taxel v. Chase Manhattan Bank (In re Deuel)
Dec
28
2006
Ruling
Trustee could recover property free and clear as bono fide purchaser for value where deed of trust securing bank loan had not been recorded.
Procedural posture
Appellant chapter 7 trustee sought review of a decision of the Bankruptcy Court for the Southern District of California, which denied the trustee's motion for summary judgment and granted the cross-motion of appellee bank. The bank had filed a motion to quiet title to a deed of trust in the debtor's real property. The trustee sought to recover the property for the estate pursuant to 11 U.S.C. § 544(a)(3).
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- 11 U.S.C.
Monnie v. Field (In re Bross)
Aug
16
2006
Ruling
Mortgage not executed in compliance with state law could be avoided.
Procedural posture
Appellant closing agent challenged a judgment of a U.S. bankruptcy court, which granted the motion of summary judgment filed by appellee bankruptcy trustee, allowing the trustee to avoid, pursuant to 11 U.S.C. § 544(a)(3), a mortgage in favor of defendant mortgagee on the ground that the mortgage was defective under Ohio Rev. Code Ann. § 5301.01 because it was not signed.
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Court
:
- 11 U.S.C.
Schlarman v. SunTrust Mortg. Inc. (In re Helvey)
Aug
02
2006
Ruling
Trustee's status as bona fide purchaser for value allowed trustee to avoid defectively acknowledged mortgage.
Procedural posture
Plaintiff bankruptcy trustee filed a motion for summary judgment in a core proceeding brought against defendant mortgage company in which the trustee sought to avoid the company's mortgage pursuant to 11 U.S.C. § 544(a)(3).
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Court
:
- 11 U.S.C.
Reiber v. Option One Mortg. Corp. (In re Hojnoski)
May
16
2006
Ruling
Court affirmed finding that trustee could not avoid a mortgage lien since a record searcher could have reasonably discovered the lien despite recording errors.
Procedural posture
Chapter 13 trustee appealed a decision of the Bankruptcy Court for the Western District of New York, which granted summary judgment in favor of creditor, dismissing trustee's adversary proceeding, which sought to avoid a mortgage lien on certain real property of debtor pursuant to 11 U.S.C. § 544(a)(3).
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Court
:
- 11 U.S.C.
Field v. Wells Fargo (In re Bross)
Jan
18
2006
Ruling
Trustee was able to avoid a transfer pursuant to section 544(a)(3) since the mortgage was not signed by the debtor and, thus, not fully executed.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant mortgagee seeking to avoid a putative mortgage under 11 U.S.C. § 544(a)(3) on the ground that the mortgage was not signed by the bankruptcy debtor as the mortgagor as required by Ohio Rev. Code Ann. § 5301.01. The trustee and the mortgagee cross-moved for summary judgment.
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Court
:
- 11 U.S.C.
Stubbs v. Chase Manhattan Mortg. Corp. (In re Stubbs)
Sep
13
2005
Ruling
Mortgage lien was avoidable and subordinate to the hypothetical bona fide purchaser trustee since the mortgage had an improper acknowledgement and thus failed to provide constructive notice.
Procedural posture
Plaintiffs, a debtor joined by her chapter 13 trustee, brought an adversary proceeding pursuant to 11 U.S.C. § 544(a)(3) against defendant creditors seeking to avoid a mortgage lien based on an alleged improper acknowledgment. The matter was before the court for consideration upon a stipulated record.
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Court
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