Kedzuf v. Turetsky (In re Turetsky)

Ruling: 
Prepetition notation on check was basis for equitable mortgage which could not be avoided by trustee.
Procedural posture: 
Creditor, a purported mortgagee, asserted a right to an equitable mortgage on the one-half share interest of debtor, an individual, which claim was opposed by debtor and the chapter 7 trustee. Creditor also asked for rulings that the mortgage could not be avoided by debtor under 11 U.S.C.S. § 522(f)(1)(A) or avoided by the trustee by an exercise of the trustee's powers in 11 U.S.C.S. § 544 or 11 U.S.C.S. § 547.
Issue: 
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Consumer case opionion summary, case decided on April 02,2009, LexisNexis #0609-047