Legal Opinion
Patton v. State Street Bank (In Re Patton)
United States Bankruptcy Court, D. Kansas
Decided September 16, 2004No. 19-20400PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION
ROBERT D. BERGER, Bankruptcy Judge.
This lien avoidance proceeding is before the Court on cross motions for summary judgment filed by the parties. 1 The pleadings do not contest the core nature of this proceeding. The Court finds that this proceeding is core under 28 U.S.C. § 157 and the Court has jurisdiction under 28 U.S.C. §§ 1334 and 157.
The plaintiffs filed their petition for Chapter 13 relief on January 18, 2002. On July 31, 2003, the plaintiffs filed the underlying complaint to avoid the defendant’s mortgage on their homestead and to enforce the provisions of the…
2Cases cited7 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Adler v. Wal-Mart Stores, Inc.Court of Appeals for the Tenth Circuit · 1998
- Fred T. McKibben v. Janet A. Chubb, and Merrill Lynch, Pierce, Fenner and Smith, Inc., Leland Morris, Jr., and Virginia MorrisCourt of Appeals for the Tenth Circuit · 1988
- Morgan Guaranty Trust Company Of New York v. American Savings And Loan AssociationCourt of Appeals for the Third Circuit · 1986
- Middlekauff v. BellSupreme Court of Kansas · 1922
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gemini Services, Inc. v. Mortgage Electronic Registration Systems, Inc. (In Re Gemini Services, Inc.)United States Bankruptcy Court, S.D. Ohio · 2006
- Hamilton v. CitiMortgage, Inc. (In Re Kunze)United States Bankruptcy Court, D. Kansas · 2011
- Ahmadi v. CitiMortgage, Inc. (In Re Ahmadi)United States Bankruptcy Court, M.D. Pennsylvania · 2012
- In re Earned Income Tax Credit Exemption Constitutional Challenge CasesUnited States Bankruptcy Court, D. Kansas · 2012
- Hamilton v. CitiMortgage, Inc. (In Re Lieurance)United States Bankruptcy Court, D. Kansas · 2011
1 more not listed; retrieve them via the Exa API.