SunTrust Bank v. Macky (In re McCormick)

Feb

2012

Ruling

Deed of trust recorded against the wrong parcel of land was properly avoided.

Procedural posture

Trustee commenced an action under 11 U.S.C.S. § 544(a)(3) to avoid the bank's lien on a parcel of debtor's real property because the deed of trust, while recorded as to a different contiguous parcel, was not so recorded as to the parcel at issue. The bankruptcy court ordered the bank's lien avoided, and the U.S. District Court for the Middle District of North Carolina, at Greensboro, affirmed. The bank appealed.

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Court :

Judge or Jurisdiction information not available

Consumer opinion summary, case decided on February 10, 2012 , LexisNexis #0312-021

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11 U.S.C.
- § 707
- § 707(b)

McDow v. Dudley

Nov

2011

Ruling

Denial of motion to dismiss for abuse was a final appealable order.

Procedural posture

The U.S. District Court for the Western District of Virginia dismissed appellant U.S. Trustee's appeal from an order denying the U.S. Trustee's motion to dismiss appellee debtor's chapter 7 bankruptcy case as abusive under 11 U.S.C.S. § 707(b). The U.S. Trustee appealed.

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Court :

Judge or Jurisdiction information not available

Consumer opinion summary, case decided on November 30, 2011 , LexisNexis #1211-088

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11 U.S.C.

Hutson v. E.I. du Pont de Nemours & Co. (In re National Gas Distribs. LLC)

Feb

2009

Ruling

Bankruptcy court erred in holding that "commodity forward agreements" must be traded in a financial market and not involve physical delivery of the commodity.

Procedural posture

Plaintiff trustee commenced adversary proceedings by filing complaints to avoid numerous natural gas supply contracts entered into during the year before a bankruptcy petition was filed. Defendant customers moved to dismiss the complaints or alternatively for summary judgment. The Bankruptcy Court for the Eastern District of North Carolina denied the motions. The customers were granted permission to file an interlocutory appeal.

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Court :

Judge or Jurisdiction information not available

Commercial opinion summary, case decided on February 11, 2009 , LexisNexis #0309-071

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