Jun
19
2020
Suschil, In re
Ruling:
Trustee could not avoid debtor’s post-petition of property in which debtors never had an interest. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on June 19,2020, LexisNexis #0720-094
Mar
23
2020
Ratcliff
Ruling:
Debtor-in-possession could avoid creditor's lien due to the creditor’s failure to reperfect itssecurity interest after debtor’s name change. (Bankr. D. Minn.)
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Commercial case opionion summary, case decided on March 23,2020, LexisNexis #0520-040
Jul
19
2019
New Eng. Confectionary Co., In re
Ruling:
Motion to dismiss denied where trustee had standing to assert a mere instrumentality claimunder 11 U.S.C. § 544(a)(1). (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on July 19,2019, LexisNexis #0919-039
Mar
11
2019
Pettit Oil Co., In re--IPC (USA), Inc. v. Ellis
Ruling:
Lack of a "reachback" provision was not a hindrance to trustee claiming an interest in proceedsthat arose pre-petition. (9th Cir.)
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Commercial case opionion summary, case decided on March 11,2019, LexisNexis #0419-061
Court: Judge or Jurisdiction information not available
Mar
01
2019
Trinity 83 Dev. v. Colfin Midwest Funding
Ruling:
Mortgagee retained its original rights as the release was a unilateral error that could berectified unilaterally. (7th Cir.)
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Commercial case opionion summary, case decided on March 01,2019, LexisNexis #0419-035
Court: Judge or Jurisdiction information not available
Mar
05
2019
Oakes, In re--Harker v. PNC Mortg. Co.
Ruling:
Trustee's lien had priority pursuant to state law. (6th Cir.)
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Consumer case opionion summary, case decided on March 05,2019, LexisNexis #0519-017
Court: Judge or Jurisdiction information not available
Mar
08
2019
Las Uvas Valley Dairies, In re--Metropolitan Life Ins. Co. v. Las Uvas Valley Dairies
Ruling:
Unsecured creditors' committee could not avoid a major secured creditor's mortgages on water rights associated with property mortgaged by debtor because the Water Right Change of Ownership Statute did not apply to mortgages. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on March 08,2019, LexisNexis #0419-088
Court: Judge or Jurisdiction information not available
Dec
26
2018
Bowers, In re--Kelley v. Ocwen Loan Servicing, LLC
Ruling:
Trustee's interest in debtor's property was free and clear of bank's security deed as he may claim the interest of a bona fide purchaser. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on December 26,2018, LexisNexis #0219-082
Dec
18
2018
Fuhrman, In re--Fuhrman v. Wilmington Savings Fund Soc'y
Ruling:
Debtor was not a bona fide purchaser of the subject property as he had constructive notice of the mortgage despite incorrect legal description. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on December 18,2018, LexisNexis #0119-097
Dec
14
2018
Conley, In re--United States Tr. v. Conley
Ruling:
Action seeking avoidance was subject to dismissal as debtors' purchase and mortgage deeds were still pending recordation. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0119-098
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