Notinger v. Wells Fargo (In re Prescott)

Attachment issued in postpetition state court action to reform mortgage that was outside scope of relief from stay granted was voidable.
Procedural posture: 
A chapter 7 trustee and chapter 7 debtors, filed an adversary proceeding against bank, seeking an order allowing the trustee to avoid a lien the bank held on the debtors' property, pursuant to 11 U.S.C.S. § 544(a)(2), and claiming that an attachment the bank obtained in state court violated the automatic stay and was voidable under 11 U.S.C.S. § 549(a)(1) and (2)(B). The parties filed cross-motions for summary judgment.
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Consumer case opionion summary, case decided on March 12,2009, LexisNexis #0509-122