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Bruegge v. WBCMT 2007 C 33 Mid Am. Lodging LLC (In re HIE of Effingham LLC)

Mar
28
2014
Ruling
Bankruptcy court erred in granting trustee's motion to modify stipulation and order for abandonment hotel that was proper as originally ordered.
Issue(s)
Did bankruptcy court err in finding that the absence of a maturity date and/or interest rate did not allow the bankruptcy trustee to avoid a mortgage under state law and finding that a hotel's abandonment was ineffective?

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Commercial opinion summary, case decided on March 28, 2014 , LexisNexis #0714-060
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Redfern v. Williams

Sep
19
2008
Ruling
Bankruptcy court did not err in vacating prior order for debtor to record mortgage in favor of creditor where debt did not fall under section 1328 exceptions.
Procedural posture

The bankruptcy court entered orders that, inter alia, vacated a prior agreed order and denied appellant creditors' motion to order appellee debtor to post a recordable third mortgage on her residence in the creditors' favor. The creditors appealed the bankruptcy court's decision.

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Consumer opinion summary, case decided on September 19, 2008 , LexisNexis #1008-069
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