Isaacs, In re--Isaacs v. DBI-ASG Coinvestor Fund, III, LLC
Jul
18
2018
Ruling
Debtor had derivative standing to pursue a strong-arm claim as § 544(a) rights are granted anew each time the debtor files for bankruptcy. (6th Cir.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Goodrich Petroleum Corp., In re--Fallon Family, L.P. v. Goodrich Petroleum Corp.
Jun
27
2018
Ruling
Court ruled that the integration of the promissory note and lease ratification into theunrecorded settlement agreement would not put a hypothetical bona fide purchaser on noticeof the terms of the settlement agreement. (5th Cir.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Bona Fide Purchaser of Real Property.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Goodrich Petroleum Corp., In re--Fallon Family, L.P. v. Goodrich Petroleum Corp.
Jun
27
2018
Ruling
Court ruled that the integration of the promissory note and lease ratification into theunrecorded settlement agreement would not put a hypothetical bona fide purchaser on noticeof the terms of the settlement agreement. (5th Cir.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Bona Fide Purchaser of Real Property.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Shiloh Mgmt. Servs., In re--Hillen v. Preston Roth IRA, LLC
Jun
15
2018
Ruling
Deeds of trust were not subject to avoidance as court held that each of the acknowledgmentsat issue substantially complies with the corporate acknowledgment form specified by statute.(Bankr. D. Idaho)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Bona Fide Purchaser of Real Property.
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Court
:
- 11 U.S.C.
Jaghab, In re--Thaler v. GJ & JF Realty Holdings, Inc.
Apr
16
2018
Ruling
Court ruled that debtor's estate owned 50 percent of the shares of the company free of any lien or claim as defendant never perfected his interest in those shares. (Bankr. E.D.N.Y.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers.
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Court
:
- 11 U.S.C.
Brannon, In re--Pettie v. Brannon
Apr
05
2018
Ruling
Trustee was entitled to avoid a transfer as the divorce decree awarding the house to debtor's former spouse had not been recorded and a lis pendens was not filed. (Bankr. N.D. Ga.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Bona Fide Purchaser of Real Property.
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Court
:
- 11 U.S.C.
Oakes, In re--Oakes v. PNC Mortg. Co.
Feb
06
2018
Ruling
Court deemed that the constructive notice provision of Ohio Revised Code § 1301.401 did notdefeat the trustee's powers as a hypothetical judicial lien creditor. (6th Cir.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Judicial Lien Creditor.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Heritage Real Estate Inv., Inc, In re--Smith v. Dynasty Grp., Inc.
Oct
17
2017
Ruling
Trustee may avoid quitclaim deed as the deed was not recorded before the debtor declaredbankruptcy. (Bankr. S.D. Miss.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Bona Fide Purchaser of Real Property.
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Court
:
- 11 U.S.C.
Murphy, In re--Lubin v. Murphy
Oct
13
2017
Ruling
Trustee could avoid the transfer as there was no actual or constructive notice to the trustee ofthe transfer of the security deed to the defendant. (Bankr. N.D. Ga.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights
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Court
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Mullis, In re
Jul
26
2017
Ruling
Debtor's objection to the claim denied as policy met the definition of non-filing insurance thus, claimant was not required to include the premium as a finance charge. (Bankr. S.D. Ga.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers.
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Court
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