- 11 U.S.C.
Official Comm. of Unsecured Creditors of Taylor-Ramsey Corp. v. Ramsey (In re Taylor-Ramsey Corp.)
Oct
06
2011
Ruling
Trustee could avoid unrecorded deed of trust through status as hypothetical lien creditor.
Procedural posture
Plaintiff committee of unsecured creditors filed an adversary proceeding against defendant creditor in which plaintiff sought in part to avoid defendant's unrecorded deed of trust as a hypothetical judicial lien creditor under 11 U.S.C.S. § 544(a)(1). Both parties filed motions for partial summary judgment on the issue of avoidance of the deed of trust.
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Court
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