- 11 U.S.C.
Lassman v. OneWest Bank FSB (In re Swift)
Oct
07
2011
Ruling
Trustee could avoid and preserve mistakenly released mortgage for the estate.
Procedural posture
Plaintiff Chapter 7 trustee sought to avoid, pursuant to 11 U.S.C.S. § 544(a)(3), a mortgage on defendant debtor's property that was mistakenly discharged by defendant lender and preserve it for the estate pursuant to 11 U.S.C.S. § 551. The trustee filed a motion for summary judgment and the debtor filed a cross motion for summary judgment.
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Court
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