Wilson v. Moir (In re Wilson)
May
26
2006
Ruling
Debtor was denied summary judgment since section 544(a) barred debtor-in-possession from avoiding deed of trust binding on debtor.
Procedural posture
Plaintiff chapter 11 debtor sued defendant individuals, seeking to invoke her 11 U.S.C. § 544 strong-arm powers as a debtor in possession to set aside defendants'deed of trust on the grounds that it was not in the chain of title and would not have bound a bona fide purchaser for value. The debtor moved for summary judgment.
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Court
:
- 11 U.S.C.
Reiber v. Option One Mortg. Corp. (In re Hojnoski)
May
16
2006
Ruling
Court affirmed finding that trustee could not avoid a mortgage lien since a record searcher could have reasonably discovered the lien despite recording errors.
Procedural posture
Chapter 13 trustee appealed a decision of the Bankruptcy Court for the Western District of New York, which granted summary judgment in favor of creditor, dismissing trustee's adversary proceeding, which sought to avoid a mortgage lien on certain real property of debtor pursuant to 11 U.S.C. § 544(a)(3).
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Court
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Szilagyi v. JPMorgan Chase Bank N.A. (In re Johnson)
Apr
18
2006
Ruling
Trustee was allowed to avoid bank liens due to recorded release and since bona fide purchaser would not have been on notice of the bank's equitable property interest.
Procedural posture
Plaintiff chapter 7 trustee brought an adversary proceeding against defendant banks, seeking avoidance of a recorded mortgage. The banks filed a counterclaim seeking a declaration that one bank's lien was valid and that it had a valid mortgage lien and security interest in a portion of the proceeds generated by a court-authorized sale of real property. The court held a trial on stipulated facts.
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Court
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Hepner v. Ford Motor Credit Co. (In re Estergaard)
Mar
23
2006
Ruling
Trustee was allowed to avoid creditor's security interest on debtor's vehicle since the security interest was unperfected at the time of filing.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid the creditor's security interest in a vehicle under 11 U.S.C. § 544(a), claiming that the security interest was unperfected at the time of the filing of the petition. The creditor moved for summary judgment and also filed as statement of supplemental authority. The trustee moved to the statement of strike supplemental authority.
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Court
:
- 11 U.S.C.
Field v. Wells Fargo (In re Bross)
Jan
18
2006
Ruling
Trustee was able to avoid a transfer pursuant to section 544(a)(3) since the mortgage was not signed by the debtor and, thus, not fully executed.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant mortgagee seeking to avoid a putative mortgage under 11 U.S.C. § 544(a)(3) on the ground that the mortgage was not signed by the bankruptcy debtor as the mortgagor as required by Ohio Rev. Code Ann. § 5301.01. The trustee and the mortgagee cross-moved for summary judgment.
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Court
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Hamilton v. Wash. Mutual Bank FA. (In re Colon)
Dec
05
2005
Ruling
Trustee could avoid the mortgage with erroneous description as a bona fide purchaser or as a hypothetical lien creditor since the mortgage did not impart constructive notice on the trustee.
Procedural posture
Plaintiff trustee in bankruptcy brought an adversary proceeding seeking to use the strong arm powers under 11 U.S.C. § 544 to avoid defendant mortgagee's lien against debtors'homestead for the benefit of the bankruptcy estate. Primarily the trustee argued that the mortgage, which described the property as "Lot 29" instead of "Lot 79," would not give a bona fide purchaser constructive notice. The mortgagee moved for summary judgment.
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Wash. Mut. Bank F.A. v. Sommerville (In re Sommerville)
Oct
13
2005
Ruling
Lien holder was barred by automatic stay from correcting the lien holder's mistaken release of debtor since filing established the trustee as a hypothetical lien creditor senior to the lien holder.
Procedural posture
Plaintiff, a servicer for a prior lien holder, alleged that it filed a corporate deed of release in error and that defendant debtor's note has not been paid in full. The servicer sought to have the deed of release set aside and the deed of trust reinstated. The debtor and defendant trustee opposed reinstatement of the deed of trust as violating 11 U.S.C. § 544(a). The parties filed cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
Morris v. Boeing Wichita Credit Union (In re Hicks)
Sep
14
2005
Ruling
Trustee was granted motion to avoid creditor's lien since the certificate of title did not reflect the lien.
Procedural posture
Plaintiff, a chapter 7 trustee, brought an adversary proceeding against defendants, the debtors and their creditor, to avoid a lien pursuant to 11 U.S.C. § 544(a)(2). The creditor filed a third party complaint against third-party defendant, the State of Kansas Department of Revenue ("KDOR"), in the event that the trustee prevailed on his claim. The matter was before the court on a stipulation of facts and briefs of the parties.
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Court
:
- 11 U.S.C.
Stubbs v. Chase Manhattan Mortg. Corp. (In re Stubbs)
Sep
13
2005
Ruling
Mortgage lien was avoidable and subordinate to the hypothetical bona fide purchaser trustee since the mortgage had an improper acknowledgement and thus failed to provide constructive notice.
Procedural posture
Plaintiffs, a debtor joined by her chapter 13 trustee, brought an adversary proceeding pursuant to 11 U.S.C. § 544(a)(3) against defendant creditors seeking to avoid a mortgage lien based on an alleged improper acknowledgment. The matter was before the court for consideration upon a stipulated record.
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Mostoller v. CitiCapital Commer. Corp. (In re Stetson & Assocs.)
Aug
03
2005
Ruling
Trustee could not avoid a creditor's lien and did not have priority over the creditor's interests since the creditor's interests were perfected at the time of filing.
Procedural posture
Plaintiff chapter 7 trustee brought an adversary complaint to avoid several liens against personal property of the debtor that were held by defendant creditor pursuant to financing statements filed pursuant to Tenn. Code Ann. § 47-9-101 et seq. (Article 9 of the Uniform Commercial Code.) The creditor moved for relief from the automatic stay and for abandonment by the trustee of the bankruptcy estate's interest in the collateral.
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Court
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