Legal Opinion
Select Portfolio Services, Inc. v. Burden (In Re Trujillo)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided November 14, 2007No. 06-8098PublishedCited by 22 opinions
1Opinion of the Court
OPINION
AUG, Chief Judge.
The CIT Group/Consumer Finance, Inc. (“CIT”) and Select Portfolio Servicing, Inc. (“Select Portfolio”) 1 appeal the bankruptcy court’s judgment entered July 13, 2006 (the “July 13th Order”), granting summary judgment for Beverly Burden, the chapter 13 trustee (the “Trustee”). The bankruptcy court’s decision is based on its determination that CIT’s mortgage did not provide constructive notice to subsequent purchasers or creditors because the mortgagor’s signature was not properly acknowledged under Kentucky law, and therefore, the mortgage is subject to avoidance by the…
2Cases cited23 opinions
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- United States v. CraftSupreme Court of the United States · 2002
- Donna Cockrel v. Shelby County School DistrictCourt of Appeals for the Sixth Circuit · 2001
- Treinish v. Norwest Bank Minnesota, N.A. (In Re Periandri)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
- In Re: Bernard L. Zaptocky and Gloria J. Zaptocky, Debtors. David O. Simon, Chapter 7 Trustee v. Chase Manhattan BankCourt of Appeals for the Sixth Circuit · 2001
18 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Geygan v. World Savings Bank, FSB (In Re Nolan)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- Tibble v. Wells Fargo Bank, N.A. (In Re Hudson)United States Bankruptcy Court, W.D. Michigan · 2011
- Rhiel v. Huntington National Bank (In Re Phalen)United States Bankruptcy Court, S.D. Ohio · 2011
- Noland v. Burns (In Re Burns)United States Bankruptcy Court, S.D. Ohio · 2010
- Gifford State Bank v. RichardsonDistrict Court, C.D. Illinois · 2013
17 more not listed; retrieve them via the Exa API.