- 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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Court
:
James C. Robinson Critique Servs. LLC v. Steward (In re Steward)
Jul
07
2016
Ruling
Bankruptcy court did not abuse its discretion in holding that property had been abandoned.
Issue(s)
Did the bankruptcy court err in holding that debtor’s disgorgement claim had been abandoned by the trustee?
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Court
:
8th Circuit ( ) [ Bankruptcy Court ]
- 11 U.S.C.
Ellis v. IPC (USA) Inc. (In re Pettit Oil Co.)
May
19
2016
Ruling
Trustee had status of senior secured party in debtor's stored fuel, ahead of claim of consignor.
Issue(s)
Did the trustee, as a hypothetical judgment lien creditor, have a senior interest to creditor consignor in the fuel that was in the debtor's tanks as of the petition date?
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Court
:
- 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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Court
:
- 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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Court
:
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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Court
:
- 11 U.S.C.
Fangio v. DivLend Equip. Leasing LLC (In re AJAX Integrated LLC)
Mar
23
2016
Ruling
Creditor that had adequate remedy at law and had lacked due diligence in pursuing claim denied equitable remedy that would defeat trustee's avoidance powers.
Issue(s)
Whether the court should recognize an equitable remedy that would defeat the Trustee's avoidance powers.
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Court
:
Reinbold v. Thorpe (In re Thorpe)
Feb
11
2016
Ruling
Trustee could not avoid transfer of debtor's marital residence to former spouse.
Issue(s)
Could trustee avoid an alleged preferential transfer to debtor's former spouse, effected when their divorce petition was filed, of the debtor's interest in the real estate that was the marital homestead?
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:
Sommers v. Aguirre (In re Santoyo)
Oct
26
2015
Ruling
Creditor had to establish that trustee had constructive notice of lien under state law in order to be able to enforce the lien against the trustee.
Issue(s)
Could creditor enforce its mechanic's lien against the trustee?
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Court
:
Sywilok v. IRS (In re Gianninoto)
Oct
16
2015
Ruling
Trustee could avoid mortgage by virtue of status as bona fide purchaser.
Issue(s)
Could trustee avoid mortgage that was not recorded prior to petition date?
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Court
: