- 11 U.S.C.
In re Story
Sep
21
2016
Ruling
Trustee’s objection to secured claim status of claim secured by fixture overruled. (Bankr.W.D.N.C.)
Issue(s)
Should creditor’s objection to confirmation of the debtors' proposed chapter 13 plan be sustained?
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- 11 U.S.C.
Fox v. Nowlin (In re Nowlin)
Sep
02
2016
Ruling
Trustee had status of bona fide purchaser of property absent any indication of other interest.(Bankr. C.D. Cal.)
Issue(s)
Did the trustee have status as a bona fide purchaser for value so as to be able to conduct its sale?
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:
- 11 U.S.C.
Hull v. Bishop (In re Bishop)
Jul
28
2016
Ruling
Trustee could sell property owned by debtors as joint tenants free and clear of improperlyacknowledged mortgage. (Bankr. D. Me.)
Issue(s)
Could trustee avoid a mortgage on real estate owned by the debtor and spouse, as joint tenants, and then sell their interests in the real estate, where the property was subject to a mortgage?
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- 11 U.S.C.
Grossman v. Wells Fargo Bank N.A. (In re Thompson)
May
12
2016
Ruling
Trustee could not avoid a mortgage that was validly acknowledged under state law.
Issue(s)
Could trustee avoid a mortgage as being recorded with two allegedly insufficient acknowledgements?
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- 11 U.S.C.
Liebzeit v. Intercity State Bank FSB (In re Blanchard)
Apr
14
2016
Ruling
Mortgage on vendor's interest in land contract was valid under state law and had priority over trustee's avoidance powers.
Issue(s)
Whether a bankruptcy trustee could use his strong arm powers under 11 U.S.C.S. § 544(a)(3) to avoid a bank's mortgage on the debtors' property, which was subject to a land contract, so he could use their vendor's interest in the land contract for the benefit of unsecured creditors.
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Judge or Jurisdiction information not available
- 11 U.S.C.
DeGiacomo v. First Call Mortg. Co. (In re Reznikov)
Mar
29
2016
Ruling
Mortgage that did not give constructive notice to subsequent purchasers for value could be avoided.
Issue(s)
Was mortgage subject to avoidance because the certificate of acknowledgment was materially defective under state law?
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- 11 U.S.C.
Bank of Am. N.A. v. Welsh (In re Welsh)
Oct
01
2015
Ruling
Bank's reinstated mortgage that had been mistakenly released mortgage could be avoided.
Issue(s)
Should lien that was mistakenly released and that lender subsequently attempted to reinstate be avoided?
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:
- 11 U.S.C.
Perry, In re--Kelley v. Wells Fargo Bank, N.A.
Jul
01
2015
Ruling
Trustee could not use his strong-arm powers to avoid the security deed as it was eligible forrecording and thus its recordation provided constructive notice to subsequent bona fidepurchasers. (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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- 11 U.S.C.
Mbazira v. Ocwen Loan Servicing LLC (In re Mbazira)
Mar
31
2015
Ruling
Mortgage with acknowledgement that omitted debtor's name could be avoided.
Issue(s)
Was omission of debtor's name from acknowledgement grounds for avoidance of a mortgage?
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- 11 U.S.C.
In re Zubenko
Mar
23
2015
Ruling
Constructive notice of unrecorded interest in property defeated trustee's bona fide purchaser status.
Issue(s)
Was creditor entitled to relief from the automatic stay in order to record a trustee's deed upon sale it received from a pre-petition foreclosure sale of property formerly owned by debtor and to proceed with an action for possession of the property?
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