Legal Opinion
PCFS Financial v. Spragin (In Re Nowak)
Court of Appeals for the Sixth Circuit
Decided November 13, 2009No. 08-3690PublishedCited by 19 opinions
1Opinion of the Court
OPINION
RONALD LEE GILMAN, Circuit Judge.
Three years prior to filing for Chapter 7 bankruptcy relief, Michael and Christina Nowak executed a mortgage on their residence in favor of PCFS Financial. Lydia Spragin, the trustee of the Nowaks’ bankruptcy estate, successfully voided PCFS’s hen on the residence based on a technical defect in the execution of the mortgage instrument. After losing its secured-creditor status, PCFS failed to file a formal proof of claim with the bankruptcy court. Spragin’s final report to the bankruptcy court, therefore, did not propose any distribution to PCFS from the…
2Cases cited7 opinions
- In Re William M. Behlke and Dina E. Behlke, Debtors, William M. Behlke and Dina E. Behlke v. Saul Eisen, United States TrusteeCourt of Appeals for the Sixth Circuit · 2004
- In Re: M.J. Waterman & Associates, Inc., Debtor. Duane H. Barlow v. M.J. Waterman & Associates, Inc.Court of Appeals for the Sixth Circuit · 2000
- In Re: Terry R. Talbert and Lahna L. Talbert, Debtors. Terry R. Talbert and Lahna L. Talbert v. City Mortgage ServicesCourt of Appeals for the Sixth Circuit · 2003
- In Re: Outboard Marine Corporation, Debtor. Appeal Of: Travis Boats & Motors, Incorporated, Doing Business as Travis Boating CenterCourt of Appeals for the Seventh Circuit · 2004
- In Re WigodaUnited States Bankruptcy Court, N.D. Illinois · 1999
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Randall Waldman v. Ronald StoneCourt of Appeals for the Sixth Circuit · 2012
- Matteson v. Bank of America, N.A. (In re Matteson)Bankruptcy Appellate Panel of the Sixth Circuit · 2015
- Belser v. Nationstar Mortgage, LLC (In re Belser)Bankruptcy Appellate Panel of the First Circuit · 2015
- State Bank of Florence v. Miller (In Re Miller)Court of Appeals for the Sixth Circuit · 2013
- Gourlay v. Sallie Mae, Inc. (In re Gourlay)Bankruptcy Appellate Panel of the Sixth Circuit · 2012
14 more not listed; retrieve them via the Exa API.