Legal Opinion

MacLeod v. Suntrust Bank (In Re Henderson)

United States Bankruptcy Court, N.D. Georgia

Decided October 22, 2002No. 19-40221PublishedCited by 8 opinions

1Opinion of the Court

ORDER

C. RAY MULLINS, Bankruptcy Judge.

This adversary proceeding is before the Court on the cross-motions for summary judgment of the Chapter 7 trustee, Jeff Macleod (the “Trustee”), and Suntrust Bank Northwest Georgia (the “Bank”). The parties seek a determination of whether the Bank’s interest in C. Gordon Henderson’s (the “Debtor”) real property is superior to the Trustee’s interest as a hypothetical lien creditor or a bona fide purchaser pursuant to 11 U.S.C. § 544(a). This matter is a core proceeding under 28 U.S.C. § 157(b)(2)(E).

After reviewing the record, the motions, and the parties…

2Cases cited15 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  4. Bill Clark Herbert Futch Austin Hurst Louis Sliker and William Barrineau v. Coats & Clark, Inc.Court of Appeals for the Eleventh Circuit · 1991
  5. McCannon v. MarstonCourt of Appeals for the Third Circuit · 1982

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3Cited by8 opinions

  1. Stearns Bank, N.A. v. Rent-A-Tent, Inc.United States Bankruptcy Court, N.D. Georgia · 2012
  2. Albert v. Green Tree Servicing, LLC (In re El-Erian)United States Bankruptcy Court, District of Columbia · 2014
  3. Kelley v. Ocwen Loan Servicing, LLC (In re Bowers)United States Bankruptcy Court, M.D. Georgia · 2018
  4. Brown Ex Rel. Estate of MacArthur v. American General Financial Services, Inc. (In Re MacArthur)United States Bankruptcy Court, N.D. Georgia · 2010
  5. COASTAL STATES BANK v. CullinanUnited States Bankruptcy Court, N.D. Georgia · 2022

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