§ 544(a)(1)

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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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on March 11,2019, LexisNexis #0419-061

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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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on March 01,2019, LexisNexis #0419-035

Oakes, In re--Harker v. PNC Mortg. Co.

Ruling: 
Trustee's lien had priority pursuant to state law. (6th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on March 05,2019, LexisNexis #0519-017

Rivera, In re--Wiscovitch v. Banco Popular De P.R.

Ruling: 
Bank's security interest was unavoidable where debtor's savings account was subject to the bank's lien because the bank had a perfected security interest in the debtor's savings account. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on August 02,2018, LexisNexis #0918-053

Jaghab, In re--Thaler v. GJ & JF Realty Holdings, Inc.

Ruling: 
Court ruled that debtor's estate owned 50 percent of the shares of the company free of any lien or claim as defendant never perfected his interest in those shares. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on April 16,2018, LexisNexis #0518-103

Oakes, In re--Oakes v. PNC Mortg. Co.

Ruling: 
Court deemed that the constructive notice provision of Ohio Revised Code § 1301.401 did notdefeat the trustee's powers as a hypothetical judicial lien creditor. (6th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 06,2018, LexisNexis #0318-075

Westby, In re-Huffman v. Gollersrud

Ruling: 
Security interest was avoidable where creditor failed to file a financing statement or takepossession of the note under local statutes. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on February 13,2017, LexisNexis #0317-076

Ellis v. IPC (USA) Inc. (In re Pettit Oil Co.)

Ruling: 
Trustee had status of senior secured party in debtor's stored fuel, ahead of claim of consignor.
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Commercial case opionion summary, case decided on May 19,2016, LexisNexis #0616-054

Fangio v. DivLend Equip. Leasing LLC (In re AJAX Integrated LLC)

Ruling: 
Creditor that had adequate remedy at law and had lacked due diligence in pursuing claim denied equitable remedy that would defeat trustee's avoidance powers.
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Commercial case opionion summary, case decided on March 23,2016, LexisNexis #0416-084

Gordon v. Harman (In re Harman)

Ruling: 
Trustee lacked authority to bring claims on behalf of creditors.
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Consumer case opionion summary, case decided on September 25,2014, LexisNexis #1214-056

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