Reid v. Wells Fargo Bank

Ruling: 
Trustee could not exercise "strong arm power" to avoid mortgage due to terms of confirmation order.
Procedural posture: 
Among other matters in her Complaint in this adversary proceeding, plaintiff chapter 13 Trustee, exercising her "strong arm power" under 11 U.S.C.S. § 544(a)(3), sought to avoid the mortgage held by defendant creditor on debtors' residence. On the same basis, she also objected in Count II to the creditor's proof of claim insofar as it claimed secured status. The creditor sought summary judgment on Counts I, II, III, IV.
Issue: 
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Consumer case opionion summary, case decided on October 10,2012, LexisNexis #1112-021