- 11 U.S.C.
Muse v. Flagstar Bank (In re Muse)
Nov
02
2010
Ruling
Scheduled prepetition mortgage not recorded until day before case was reopened could be avoided.
Procedural posture
In a adversary proceeding in a reopened chapter 7 bankruptcy case, the trustee filed a motion for summary judgment, endeavoring to avoid the mortgage lien of defendant bank. The mortgage had been listed in the debtor's bankruptcy schedules, but the mortgage, which was made several years before the debtor filed for bankruptcy, had not been recorded until the day the motion trustee's motion to reopen was granted.
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Court
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