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Walschmidt v. Bank of Am. (In re Wheeler)

Walschmidt v. Bank of Am. (In re Wheeler)

Ruling
Trustee could not avoid deed of trust for which release was not recorded prior to petition date.
Procedural posture

Chapter 7 trustee filed an adversary proceeding against a secured creditor, pursuant to 11 U.S.C.S. § 544(a) to exercise his strong arm powers to bring the debtors' residence into the bankruptcy estate under 11 U.S.C.S. § 541. The parties filed cross motions for summary judgment.

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Consumer opinion summary, case decided on October 26, 2012 , LexisNexis #1112-125