Legal Opinion

Ernst v. Bank One, N.A. (In Re Ernst)

United States Bankruptcy Court, S.D. Ohio

Decided December 19, 2001No. Bankruptcy No. 00-35663. Adversary No. 01-3048PublishedCited by 1 opinion

1Opinion of the Court

DECISION GRANTING DEBTORS’ MOTION TO AVOID THE MORTGAGE LIEN OF BANK ONE, N.A.

THOMAS F. WALDRON, Chief Judge.

On April 16, 2001, the debtors through counsel, filed an adversary proceeding to avoid a junior mortgage lien of the defendant/creditor, Bank One, N.A. (“Bank One”), alleging the mortgage was not supported by any value and should be treated as an unsecured claim in any plan confirmed in this Chapter 13 case (Adv.Doc. 1-1). On May 2, 2001, Bank One filed a reply which asserted the mortgage was secured by value and, even if it was a wholly unsecured mortgage, it could not be avoided in…

2Cases cited35 opinions

In Re HornesUnited States Bankruptcy Court, D. Connecticut · 1993
In Re NeverlaUnited States Bankruptcy Court, W.D. New York · 1996
Wright v. Commercial Credit Corp.District Court, E.D. Virginia · 1995
In Re LeeUnited States Bankruptcy Court, W.D. Oklahoma · 1993
In Re WoodhouseUnited States Bankruptcy Court, D. Rhode Island · 1994

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3Cited by1 opinion

Bennett v. Springleaf Financial Services (In re Bennett)United States Bankruptcy Court, S.D. Ohio · 2012