Schnittjer v. Linn Area Credit Union (In re Sickels)
Jul
11
2008
Ruling
Trustee not entitled to money judgment once mortgage recorded in violation of stay had been avoided.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding pursuant to 11 U.S.C.S. § 544 against defendant creditor seeking to avoid the creditor's mortgage. The trustee asserted that the mortgage was not recorded prior to the petition date. The parties filed cross-motions for partial summary judgment.
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Court
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