- 11 U.S.C.
In re Martinez
Oct
12
2010
Ruling
Creditor was secured only to extent of recorded attachment and not subsequent unrecorded judgment.
Procedural posture
Chapter 7 trustee averred that a purchaser for one of the debtors' real properties, with approved financing, and asserted that, under the strong arm powers of 11 U.S.C.S. 544(a)(3), respondent judgment creditor was entitled to only limited priority on its unrecorded attachment lien. The trustee filed a motion for summary judgment, and the creditor filed a cross motion for summary judgment.
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- 11 U.S.C.
Ransier v. Countrywide Home Loans Inc. (In re Seymour)
Sep
27
2010
Ruling
Alleged improper execution was not grounds for avoidance of mortgage on which foreclosure was concluded prior to petition date.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant mortgagee, seeking a determination that he could avoid a mortgage which the mortgagee held on real property owned by chapter 7 debtors, pursuant to 11 U.S.C.S. § 544(a)(3). The trustee filed a motion for summary judgment.
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- 11 U.S.C.
Nickless v. Reid (In re Reid)
Sep
17
2010
Ruling
Trustee could not seek turnover of personalty in which bank had valid security interest.
Procedural posture
Defendant debtors and a bank filed motions to dismiss a turnover complaint filed by the Chapter 7 trustee. The motions argued for dismissal based upon failure to state a claim upon which relief may be granted.
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- 11 U.S.C.
Countrywide Bank v. Beachley (In re Beachley)
Sep
16
2010
Ruling
Transfer to bank via unrecorded deed of trust was avoidable without survival of equitable lien or subrogation rights.
Procedural posture
Plaintiff bank filed a complaint against defendant debtors and a chapter 13 trustee seeking an equitable lien on the debtors' property. Alternatively, the bank sought a determination that it was equitably subrogated to another lender's deed of trust. The debtors and the trustee contended that neither an equitable lien nor subrogation was available under 11 U.S.C.S. § 544(a)(3). Both sides moved for summary judgment.
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- 11 U.S.C.
Motta v. Andre (In re Motta)
Aug
10
2010
Ruling
Mortgage that secured note that was later reamortized could not be avoided by trustee.
Procedural posture
Appellant Chapter 7 trustee filed an adversary proceeding against appellee creditors, seeking a determination that a mortgage the creditors held on real property that was owned by two Chapter 7 debtors was avoidable under 11 U.S.C.S. § 544(a)(3). The United States Bankruptcy Court for the District of Massachusetts denied the trustee's motion for summary judgment and entered summary judgment, sua sponte, for the creditors. The trustee appealed.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Noland v. Burns (In re Burns)
Aug
05
2010
Ruling
Mortgages avoided due to defective acknowledgements.
Procedural posture
In separate cases, plaintiff bankruptcy trustee brought adversary proceedings against defendant mortgagees seeking to avoid mortgages against bankruptcy debtors' real property under 11 U.S.C.S. § 544(a)(3) on the ground that mortgage acknowledgments were invalid. The trustee moved for summary judgment.
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- 11 U.S.C.
Birdsell v. Bella Funding LLC (In re Arvizu Constr. Inc.)
Jun
22
2010
Ruling
Recorded, but improperly indexed, deed of trust was not subject to avoidance by trustee.
Procedural posture
Plaintiff chapter 7 trustee filed a complaint against defendant, an agent of the transferees, seeking to avoid a deed of trust under the bona fide purchaser prong of the strong arm clause in 11 U.S.C.S. § 544(a)(3).
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- 11 U.S.C.
Miranda v. Vega (In re Ramirez)
May
28
2010
Ruling
Transfer of real property to debtor's parents nearly two years before petition date that was not recorded was avoidable.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendants, a chapter 7 debtor's parents and their conjugal partnership, seeking a determination that a transfer of real property the debtor made to her parents almost two years before she declared bankruptcy was avoidable under 11 U.S.C.S. § 544(a)(3). The parties filed cross-motions for summary judgment.
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- 11 U.S.C.
Iannacone v. Household Indus. Fin. Co. (In re Stepka)
Mar
15
2010
Ruling
Mortgage with erroneous property descriptions avoided and preserved for benefit of estate.
Procedural posture
Trustee filed a complaint against defendants, chapter 7 debtors and a creditor, to avoid a transfer of real property and preserve it for the benefit of the estate pursuant to 11 U.S.C.S. §§ 550, 551, and 544(a)(3). The debtors and the trustee each filed motions for summary judgment. The creditor filed a response in opposition to the debtors' motion.
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- 11 U.S.C.
Simon v. Citimortgage Inc. (In re Doubov)
Feb
10
2010
Ruling
Mortgage with faulty acknowledgement as to debtor wife was avoided as to the wife's one- half interest.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, two banks and the Cuyahoga County (Ohio) Treasurer, seeking a determination that he was entitled under 11 U.S.C.S. §§ 544(a)(3) and 551 and state law to set aside a mortgage on a one-half interest in real property and to preserve the property for the benefit of a chapter 7 debtor's bankruptcy estate. The trustee filed a motion for summary judgment.
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