Legal Opinion
Eisen v. Allied Bancshares Mortgage Corp. LLC (In Re Priest)
United States Bankruptcy Court, N.D. Ohio
Decided May 25, 2000No. 19-10597PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OF OPINION RE CROSS MOTIONS FOR SUMMARY JUDGMENT ON CERTAIN DEFENSES. AND ORDER
PAT E. MORGENSTERN-CLARREN, Bankruptcy Judge.
This is another in a series of cases in which a Chapter 7 trustee seeks to avoid a recorded mortgage on real estate owned by a debtor on the ground that the debtor did not sign the mortgage in the presence of two witnesses, as required by Ohio Revised Code § 5301.01. The trustees generally contend that this deficiency, if proven, permits a trustee to avoid the mortgage and bring the asset into the estate under 11 U.S.C. § 544.
In this case, Plaintiff Saul…
2Cases cited16 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re Gerald Dale Burns and Linda Jane Burns, Debtors. Andrew W. Suhar v. Gerald Dale Burns and Linda Jane Burns, Imc Mortgage CompanyCourt of Appeals for the Sixth Circuit · 2003
- Yoppolo v. Liberty Mortgage (In Re Morgan)United States Bankruptcy Court, N.D. Ohio · 2001
- Wasserman v. Household Realty Corp. (In Re Barkley)United States Bankruptcy Court, N.D. Ohio · 2001
- Hendon v. G.E. Capital Mortgage Services, Inc. (In Re Carpenter)United States Bankruptcy Court, E.D. Tennessee · 2001
- Gold v. New Century Mortgage Corp. (In Re Salinitro)United States Bankruptcy Court, E.D. Michigan · 2006
4 more not listed; retrieve them via the Exa API.