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Western District

Reiber v. Option One Mortg. (In re Hojnoski)

After debtor filed a chapter 13 bankruptcy petition, plaintiff trustee brought an adversary proceeding against defendant creditor, seeking an order pursuant to 11 U.S.C. §§ 544(b) and 551 to avoid the lien of an unrecorded mortgage on the debtor's residence. Each party moved for summary judgment.
Ruling: 
Lien based on an unrecorded mortgage could not be avoided since a reasonable search of records would have discovered the existence of the mortgage.
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In re Bartholomew

Debtor filed an application to waive the submission of some of the payment advices that he received during the sixty days prior to his bankruptcy filing. He asked that the motion be granted without a hearing. Because debtor's chapter 13 bankruptcy case was commenced after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the case was subject to the Act's provisions.
Ruling: 
Court denied the debtor's application to not have to submit certain required payment advices but with leave for the debtor to request a determination that the proceeding was not subject to automatic dismissal for failure to submit all required information.
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