Legal Opinion
Treinish v. Norwest Bank Minnesota, N.A. (In Re Periandri)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided September 10, 2001No. 00-8087PublishedCited by 128 opinions
1Opinion of the Court
OPINION
WILLIAM HOUSTON BROWN, Bankruptcy Appellate Panel Judge.
The Chapter 7 trustee appeals the bankruptcy court’s order granting summary judgment to Norwest Bank Minnesota, N.A. (“Norwest”) based on Ohio’s lis pen-dens statute, Ohio Rev.Code § 2703.26. The bankruptcy court’s order assumes that the Chapter 7 trustee could not obtain the status of a bona fide purchaser under Ohio law in order to avoid Norwest’s mortgage under 11 U.S.C. § 544(a)(3) due to the constructive notice provided by Norwest’s foreclosure action that was pending in state court when the bankruptcy petition was filed. For…
2Cases cited26 opinions
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Eyster v. GaffSupreme Court of the United States · 1876
- In Re: Bernard L. Zaptocky and Gloria J. Zaptocky, Debtors. David O. Simon, Chapter 7 Trustee v. Chase Manhattan BankCourt of Appeals for the Sixth Circuit · 2001
- In Re: Terrance J. Meyers, Debtor. Terrance J. Meyers v. Internal Revenue ServiceCourt of Appeals for the Sixth Circuit · 1999
- Corzin v. Fordu (In Re Fordu)Bankruptcy Appellate Panel of the Sixth Circuit · 1997
21 more not listed; retrieve them via the Exa API.
3Cited by128 opinions
- Menninger v. Accredited Home Lenders (In Re Morgeson)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
- Cash America Financial Services, Inc. v. Fox (In Re Fox)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
- Lyon v. Eiseman (In Re Forbes)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
- Bailey v. Suhar (In Re Bailey)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- Menninger v. Schramm (In Re Schramm)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
123 more not listed; retrieve them via the Exa API.