- 11 U.S.C.
Bank of Am. N.A. v. Welsh (In re Welsh)
Oct
01
2015
Ruling
Bank's reinstated mortgage that had been mistakenly released mortgage could be avoided.
Issue(s)
Should lien that was mistakenly released and that lender subsequently attempted to reinstate be avoided?
ABI Membership is required to access the full summary of Bank of Am. N.A. v. Welsh (In re Welsh) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Perry, In re--Kelley v. Wells Fargo Bank, N.A.
Jul
01
2015
Ruling
Trustee could not use his strong-arm powers to avoid the security deed as it was eligible forrecording and thus its recordation provided constructive notice to subsequent bona fidepurchasers. (Bankr. M.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.
ABI Membership is required to access the full summary of Perry, In re--Kelley v. Wells Fargo Bank, N.A. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Jubber v. C.W. Mining Co. (In re C.W. Mining Co.)
Mar
31
2015
Ruling
Trustee could avoid security interest in proceeds of sale not validly perfected by assignee, but not payments already made to assignee by debtor.
Issue(s)
Whether coal proceeds that were assigned to a third party could be avoided by the Trustee?
ABI Membership is required to access the full summary of Jubber v. C.W. Mining Co. (In re C.W. Mining Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Mbazira v. Ocwen Loan Servicing LLC (In re Mbazira)
Mar
31
2015
Ruling
Mortgage with acknowledgement that omitted debtor's name could be avoided.
Issue(s)
Was omission of debtor's name from acknowledgement grounds for avoidance of a mortgage?
ABI Membership is required to access the full summary of Mbazira v. Ocwen Loan Servicing LLC (In re Mbazira) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Zubenko
Mar
23
2015
Ruling
Constructive notice of unrecorded interest in property defeated trustee's bona fide purchaser status.
Issue(s)
Was creditor entitled to relief from the automatic stay in order to record a trustee's deed upon sale it received from a pre-petition foreclosure sale of property formerly owned by debtor and to proceed with an action for possession of the property?
ABI Membership is required to access the full summary of In re Zubenko Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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)?
ABI Membership is required to access the full summary of Atkins v. Gelt Props. LLC (In re Atkins) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re 11 East 36th LLC
Jan
29
2015
Ruling
Debtor-in-possession could avoid unperfected security interest via status as hypothetical lien creditor.
Issue(s)
Could debtor in possession avoid unperfected security interests?
ABI Membership is required to access the full summary of In re 11 East 36th LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Rogan v. JPMorgan Chase Bank (In re Engle)
Jan
14
2015
Ruling
Trustee could not avoid mortgages due to constructive notice.
Issue(s)
Could trustee avoid mortgages executed by an attorney-in-fact pursuant to his 11 U.S.C. § 544(a) strong-arm powers?
ABI Membership is required to access the full summary of Rogan v. JPMorgan Chase Bank (In re Engle) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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?
ABI Membership is required to access the full summary of State Bank of Toulon v. Covey (In re Duckworth) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Weiss v. JPMorgan Chase Bank (In re Thibault)
Sep
29
2014
Ruling
Trustee could not avoid mortgage recorded under debtor's alternate name without showing of fraudulent intent.
Issue(s)
May a mortgage be avoided pursuant to the "strong-arm" powers of § 544, because the mortgage was not recorded under the "legally correct" spelling of the debtor's last name?
ABI Membership is required to access the full summary of Weiss v. JPMorgan Chase Bank (In re Thibault) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: