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§ 544(a)(1)

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

In re Lozar

Ruling: 
Erroneous notation of lien discharge and transfer of certificate of title to debtor not remedied prior to petition date gave trustee priority over no longer secured creditor.
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Consumer case opionion summary, case decided on March 06,2014, LexisNexis #0614-058

Duplication Mgmt. v. Countrywide Home Loans Inc.

Ruling: 
Payments on debtor's sole shareholder's mortgage while debtor was insolvent were avoidable as fraudulent.
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Commercial case opionion summary, case decided on November 04,2013, LexisNexis #1213-022

McCarty v. Toyota Motor Credit Corp. (In re Christopher)

Debtors filed a voluntary petition for relief under the provisions of chapter 13. Plaintiff trustee filed an adversary proceeding seeking to determine the validity of defendant creditor's lien, to avoid the creditor's lien, and to object to the creditor's claim.
Ruling: 
Valid pre-petition purchase money unperfected security interest in the debtors' vehicle was not avoidable.
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Consumer case opionion summary, case decided on June 25,2013, LexisNexis #0713-091

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