Legal Opinion

In Re Duback

United States Bankruptcy Court, D. Rhode Island

Decided August 15, 2005No. 04-12247PublishedCited by 3 opinions

1Opinion of the Court

OPINION AND ORDER ALLOWING SECURED CLAIM

ARTHUR N. VOLOLATO, Bankruptcy Judge.

Heard on the Debtors’ objection to the secured status of the proof of claim of Victoria Cholewa-Sanquedolce. At issue are questions of: (1) merger; (2) adequacy of description of real property; and (3) the effect of recording a judgment against real estate. For the reasons discussed below, I find that Sanquedolce is a secured creditor and rule that the claim is allowed as filed.

BACKGROUND

The relevant facts are not in dispute. In 1996, the Dubacks mortgaged their home in Richmond, Rhode Island, to Joseph Guastamachio…

2Cases cited8 opinions

  1. In Re BarnacleSupreme Court of Rhode Island · 1993
  2. Schlecht v. Alaska (In Re Schlecht)United States Bankruptcy Court, D. Alaska · 1983
  3. Yergensen v. FordUtah Supreme Court · 1965
  4. Benevides v. KellySupreme Court of Rhode Island · 1960
  5. Moening v. Alaska Mutual BankAlaska Supreme Court · 1988

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. First Union Nat. Bank v. PENN SALEMNew Jersey Superior Court Appellate Division · 2006
  2. Didlake v. Wachovia Bank, N.A. (In Re Didlake)United States Bankruptcy Court, W.D. Virginia · 2011
  3. Estate of Brown v. WardCourt of Special Appeals of Maryland · 2024

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