Legal Opinion

Hull v. Bishop (In re Bishop)

United States Bankruptcy Court, D. Maine

Decided July 28, 2016No. Case No. 15-10554; Adv. Proc. No. 15-1031PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OF DECISION

Michael A. Fagone, United States Bankruptcy Judge, District of Maine

In this adversary proceeding, the chapter 7 trustee seeks to avoid a mortgage on real estate owned by the Debtor and her husband, as joint tenants, and then to sell their interests in the real estate. The Debtor and her husband object. The mortgagee, TD Bank, N.A., also objects.

The trustee has moved for summary judgment on all counts of his complaint. TD Bank has also moved for summary judgment. The competing motions present two questions: first, whether the trustee is entitled to avoid the mortgage…

2Cases cited17 opinions

  1. Law v. SiegelSupreme Court of the United States · 2014
  2. In Re Thomas Edward Ryan, Debtor. Peter M. Stern v. Continental Assurance CompanyCourt of Appeals for the First Circuit · 1988
  3. Degiacomo v. TraverseCourt of Appeals for the First Circuit · 2014
  4. Maine National Bank v. Morse (In Re Morse)Bankruptcy Appellate Panel of the First Circuit · 1983
  5. Knapp v. BaileySupreme Judicial Court of Maine · 1887

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3Cited by1 opinion

  1. In re: Andrea GrovesUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2023

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