Legal Opinion

In Re Poteat

United States Bankruptcy Court, D. Delaware

Decided January 19, 1995No. 18-10298PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

INTRODUCTION

Before the court is the objection of the Trustee, Michael B. Joseph, Esquire, to the claim of Mellon Bank (DE) National Association (“Mellon”). Mellon asserts that it has a secured claim in the amount of $20,290.23, the security being a mortgage on certain real property owned by Jon B. and Susan A.Q. Poteat (“the Debtors”). The Trustee objects to Mellon’s secured status on the grounds that the property description in the mortgage is not legally sufficient. For reasons set forth below, I find that Mellon’s mortgage is not…

2Cases cited6 opinions

  1. Wilson v. BoyceSupreme Court of the United States · 1876
  2. Handler Construction, Inc. v. CoreStates Bank, N.A.Supreme Court of Delaware · 1993
  3. In Re BarnacleSupreme Court of Rhode Island · 1993
  4. Air Flow Heating and Air Conditioning, Inc. v. BakerDistrict Court of Appeal of Florida · 1976
  5. Hargrave v. LaPalomento (In Re LaPalomento)United States Bankruptcy Court, D. New Jersey · 1983

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Sosnowski v. RealTime Resolutions, Inc. (In Re Sosnowski)United States Bankruptcy Court, D. Delaware · 2004
  2. Caine v. First State Bank (In re Caine)United States Bankruptcy Court, W.D. Arkansas · 2011

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