- 11 U.S.C.
Atkins v. Gelt Props. LLC (In re Atkins)
Feb
27
2015
Ruling
Chapter 13 could not exercise the avoidance powers of a debtor in possession.
Issue(s)
May a chapter 13 debtor seek to avoid a mortgage on real property by invoking the chapter 13 trustee's status as a hypothetical bona fide purchaser and avoidance power under 11 U.S.C. §544(a)(3)?
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- 11 U.S.C.
State Bank of Toulon v. Covey (In re Duckworth)
Nov
21
2014
Ruling
Security agreement referencing incorrect date of promissory note could not be enforced against the trustee.
Issue(s)
Whether a secured lender can use parol evidence against a bankruptcy trustee to save a security agreement from a mistaken description of the debt to be secured?
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Judge or Jurisdiction information not available
- 11 U.S.C.
Hazelwood v. Fifth Third Bank (In re Hazelwood)
Jul
15
2014
Ruling
Debtor could avoid improperly recorded mortgage as allowed under terms of confirmed plan.
Issue(s)
Could improperly recorded mortgage be avoided pursuant to confirmed plan that specifically granted debtors standing to pursue an avoidance proceeding?
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- 11 U.S.C.
Sender v. Cygan (In re Rivera)
Jun
13
2014
Ruling
Trustee could not avoid deed of trust based on state law enacted after petition date.
Issue(s)
Did state law enacted after the petition date provide grounds for avoidance of a deed of trust?
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- 11 U.S.C.
Cerrato v. BAC Home Loans Servicing (In re Cerrato)
Jan
24
2014
Ruling
Proceeding to avoid prepetition foreclosure dismissed as conclusion of sale extinguished debtor's rights in the property.
Issue(s)
Could prepetition foreclosure of debtor's property be avoided.
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- 11 U.S.C.
Soule v. Gragg (In re Harrison)
Dec
30
2013
Ruling
Trustee qualified as bona fide purchaser under state law and could sell estate's interest in property free and clear.
Issue(s)
Did trustee have bona fide purchaser status with regard to debtor's one-quarter interest in property so as to be able to sell the interest free and clear.
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- 11 U.S.C.
Baldiga v. Golemo (In re Golemo)
Jun
06
2013
Ruling
Trustee could sell real properties and avoid unrecorded conveyances of the debtor's interests in the properties to spouse in divorce decree despite actual notice
Procedural posture
Bankruptcy trustee brought an adversary proceeding against defendant former spouse of a bankruptcy debtor, seeking authorization to sell real properties and to avoid conveyances of the debtor's interests in the properties to the spouse in a divorce decree. The trustee moved for partial summary judgment with regard to avoidance of the conveyances.
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- 11 U.S.C.
Leasure v. Norrthcutt (In re Mammoth Res. Partners)
May
03
2013
Ruling
Trustee could avoid unrecorded assignment of oil and gas interests.
Procedural posture
Bankruptcy trustee brought an adversary proceeding against defendant principal of a bankruptcy debtor seeking to avoid an unrecorded assignment of oil and gas interests from the debtor to the principal. The trustee and the principal cross-moved for summary judgment.
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- 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.
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- 11 U.S.C.
Banbury Metrolofts LLC v. BMO Harris Bank (In re Banbury Metrolofts LLC)
Mar
25
2013
Ruling
Mortgage that provided constructive notice of lien could not be avoided.
Procedural posture
Chapter 11 debtor filed an adversary proceeding against bank, seeking to avoid under 11 U.S.C.S. § 544(a)(3) the lien the bank asserted against the debtor's property and a declaration that the bank was not the successor to the original lender in any event. The bank filed a motion to dismiss.
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