Legal Opinion
In Re Jones
District Court, E.D. Pennsylvania
Decided August 5, 2003No. CIV.A. 02-8313. Bankruptcy No. 01-10733PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM
DuBOIS, District Judge.
Presently before the Court is an appeal of Bankruptcy Judge Kevin J. Carey’s Order of September 27, 2002 that a mortgage held by The Money Store, Inc. (“The Money Store”) against the home of Sheridan S. Jones (“Debtor”), located at 1013 Elsinor Place, Chester, Pennsylvania (the “Property”), cannot be avoided in bankruptcy. Debtor and Christine Shubert (the “Trustee”) seek to avoid the mortgage under the “strong arm” powers of the Trustee as provided in 11 U.S.C. § 544 on the grounds that: a) a notary was not physically present at the time Debtor signed the…
2Cases cited18 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Butner v. United StatesSupreme Court of the United States · 1979
- In Re: William Engel, Debtor. Ferrara & Hantman Robert J. Hantman v. Jesus Antonio Alvarez Theodore J. Liscinski, Jr., Trustee United States TrusteeCourt of Appeals for the Third Circuit · 1997
- Commerce Bank Harris Savings Association v. Mountain View Village, Inc. Property Management, Inc., Mountain View Village, Inc.Court of Appeals for the Third Circuit · 1993
- Brager v. BlumDistrict Court, E.D. Pennsylvania · 1985
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Funches v. Household Finance Consumer Discount Co. (In Re Funches)United States Bankruptcy Court, E.D. Pennsylvania · 2008
- Bell v. Parkway Mortgage, Inc. (In Re Bell)United States Bankruptcy Court, E.D. Pennsylvania · 2004
- Fowler v. Rauso (In Re Fowler)United States Bankruptcy Court, E.D. Pennsylvania · 2010
- Fisher v. Advanta Finance Corp. (In Re Fisher)District Court, E.D. Pennsylvania · 2005
- Wagner v. Christiana Bank & Trust Co. (In Re Wagner)United States Bankruptcy Court, W.D. Pennsylvania · 2006
8 more not listed; retrieve them via the Exa API.