§ 544(a)(3)

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.)
ABI Membership is required to access the full summary of Las Uvas Valley Dairies, In re--Metropolitan Life Ins. Co. v. Las Uvas Valley Dairies. 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
Commercial case opionion summary, case decided on March 08,2019, LexisNexis #0419-088

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.)
ABI Membership is required to access the full summary of Bowers, In re--Kelley v. Ocwen Loan Servicing, LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 26,2018, LexisNexis #0219-082

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.)
ABI Membership is required to access the full summary of Conley, In re--United States Tr. v. Conley. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0119-098

Casanova, In re

Ruling: 
Action seeking avoidance was subject to dismissal as debtors' purchase and mortgage deeds were still pending recordation. (Bankr. D.P.R.)
ABI Membership is required to access the full summary of Casanova, In re. 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
Consumer case opionion summary, case decided on December 18,2018, LexisNexis #0119-098

Woodbridge Grp. of Cos., LLC, In re--De La Rochelle v. In re Woodbridge Grp. of Cos., LLC

Ruling: 
Claim dismissed as even if the plaintiffs could establish a right for imposition of a constructive trust or equitable lien against debtor's property, the debtor could avoid any such equitable interest pursuant to the strong-arm powers of the bankruptcy code. (Bankr. D. Del.)
ABI Membership is required to access the full summary of Woodbridge Grp. of Cos., LLC, In re--De La Rochelle v. In re Woodbridge Grp. of Cos., LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 05,2018, LexisNexis #1118-077

Alpha Protective Servs., In re--Gordon v. Rogich

Ruling: 
Pre-petition payment could not be avoided as the trustee met its burden in establishing that debtor was insolvent at the time of the transfer but failed to show that defendant had reasonable cause to believe debtor was insolvent. (Bankr. M.D. Ga.)
ABI Membership is required to access the full summary of Alpha Protective Servs., In re--Gordon v. Rogich. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 12,2018, LexisNexis #1118-078

Goodrich Petroleum Corp., In re--Fallon Family, L.P. v. Goodrich Petroleum Corp.

Ruling: 
Court ruled that the integration of the promissory note and lease ratification into theunrecorded settlement agreement would not put a hypothetical bona fide purchaser on noticeof the terms of the settlement agreement. (5th Cir.)
ABI Membership is required to access the full summary of Goodrich Petroleum Corp., In re--Fallon Family, L.P. v. Goodrich Petroleum Corp.. 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
Commercial case opionion summary, case decided on June 27,2018, LexisNexis #0818-016

Goodrich Petroleum Corp., In re--Fallon Family, L.P. v. Goodrich Petroleum Corp.

Ruling: 
Court ruled that the integration of the promissory note and lease ratification into theunrecorded settlement agreement would not put a hypothetical bona fide purchaser on noticeof the terms of the settlement agreement. (5th Cir.)
ABI Membership is required to access the full summary of Goodrich Petroleum Corp., In re--Fallon Family, L.P. v. Goodrich Petroleum Corp.. 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
Commercial case opionion summary, case decided on June 27,2018, LexisNexis #0818-016

Shiloh Mgmt. Servs., In re--Hillen v. Preston Roth IRA, LLC

Ruling: 
Deeds of trust were not subject to avoidance as court held that each of the acknowledgmentsat issue substantially complies with the corporate acknowledgment form specified by statute.(Bankr. D. Idaho)
ABI Membership is required to access the full summary of Shiloh Mgmt. Servs., In re--Hillen v. Preston Roth IRA, LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 15,2018, LexisNexis #0718-075

Pages

Subscribe to § 544(a)(3)