Legal Opinion
Phelan v. Fleet Consumer Discount Co. (In Re Rice)
United States Bankruptcy Court, E.D. Pennsylvania
Decided November 21, 1991No. 19-10033PublishedCited by 14 opinions
1Opinion of the Court
SUPPLEMENTAL OPINION
DAVID A. SCHOLL, Bankruptcy Judge. A. INTRODUCTION
The instant proceeding requires us to decide the issue of whether a debtor-mortgagor, standing in the shoes of a bankruptcy trustee, pursuant to 11 U.S.C. §§ 522(h), 522(g)(1), and 544(a), may avoid a duly-recorded mortgage, which is not defective on its face, when the mortgage has not been acknowledged before an officer authorized to make such an acknowledgment. We hold that, under applicable Pennsylvania law, the total failure to obtain an acknowledgment before an authorized officer is not cured by a recording, despite…
2Cases cited13 opinions
- McCannon v. MarstonCourt of Appeals for the Third Circuit · 1982
- McAllester v. Aldridge (In Re Anderson)District Court, M.D. Tennessee · 1983
- Frascatore v. Secretary of Housing & Urban Development (In Re Frascatore)United States Bankruptcy Court, E.D. Pennsylvania · 1989
- Abraham v. MihalichSupreme Court of Pennsylvania · 1984
- Cole v. Sovran Mortgage Corp. (In Re Cole)United States Bankruptcy Court, E.D. Pennsylvania · 1988
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Funches v. Household Finance Consumer Discount Co. (In Re Funches)United States Bankruptcy Court, E.D. Pennsylvania · 2008
- Armstrong v. Nationwide Mortgage Plan/Trust (In Re Armstrong)United States Bankruptcy Court, E.D. Pennsylvania · 2003
- Fisher v. Advanta Finance Corp. (In Re Fisher)District Court, E.D. Pennsylvania · 2005
- Jones v. Money Store, Inc. (In Re Jones)United States Bankruptcy Court, E.D. Pennsylvania · 2002
- In Re JonesDistrict Court, E.D. Pennsylvania · 2003
9 more not listed; retrieve them via the Exa API.