- 11 U.S.C.
Ovel v. Community Sav. Bank
Jun
10
2008
Ruling
Mortgage granted by debtor's mother was avoidable where deed from debtor to mother had been avoided.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid a mortgage granted by the debtor's mother. The trustee previously avoided the transfer from the debtor to his mother. The trustee asserted that the creditor was an immediate or mediate transferee from the debtor's mother and the mortgage should likewise be avoided. The trustee moved for partial summary judgment.
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Court
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