- 11 U.S.C.
Kenton v. Fast Cash Realty (In re Kenton)
Nov
17
2010
Ruling
Mortgage granted while debtor was insolvent for which debtor did not receive equivalent value could be avoided.
Procedural posture
In a Chapter 13 bankruptcy case, the debtor sought to void three mortgages granted to defendants, a real estate company, the company's owner, and one individual, as fraudulent under 11 U.S.C.S. § 548(a)(1)(B). The agreement of sale was entered into on February 3, 2007, and the debtor filed for bankruptcy on December 1, 2009, a month before the last sale agreement extension was set to expire.
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Court
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