- 11 U.S.C.
Johnson v. Williams (In re Williams)
Apr
01
2013
Ruling
Bank could foreclose in rem on mortgage not avoided in debtor's prior chapter 7 case.
Procedural posture
Chapter 7 trustee filed a motion for summary judgment seeking an order declaring that defendant bank's mortgage was void as a matter of law and that the trustee could administer the real property for the benefit of the debtor's estate. The bank filed a cross-motion for summary judgment, seeking a determination that its mortgage interest survived the debtor's first chapter 7 case and that it could pursue an in rem foreclosure action.
ABI Membership is required to access the full summary of Johnson v. Williams (In re Williams) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: