Legal Opinion

Hoffman v. Cheek (In re Meltzer)

United States Bankruptcy Court, D. Connecticut

Decided March 18, 1988No. Bankruptcy No. 2-84-00341; Adv. No. 2-87-0063PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OF DECISION

ROBERT L. KRECHEVSKY, Chief Judge.

I

The question presented here is whether a trustee in a converted chapter 7 case can attack as a fraudulent transfer a mortgage foreclosure that occurred, after the granting of a relief from stay, during the preceding chapter 11 case. This issue is raised by the defendant’s motion for summary judgment filed pursuant to Bankr.R. 7056. The following statement of material facts is undisputed.

II

Charles W. Cheek, the foreclosing mortgagee and defendant in this proceeding, had brought a mortgage foreclosure action against Henry L. Meltzer, the…

2Cases cited5 opinions

  1. Cook v. United States (In Re Earl Roggenbuck Farms, Inc.)United States Bankruptcy Court, E.D. Michigan · 1985
  2. General Electric Credit Corp. v. Nardulli & Sons, Inc.Court of Appeals for the Third Circuit · 1988
  3. Matter of St. AmantUnited States Bankruptcy Court, D. Connecticut · 1984
  4. Drewes v. Jamestown Implement, Inc. (In Re Hoggarth)United States Bankruptcy Court, D. North Dakota · 1987
  5. Nemeti v. Seaway National Bank (In Re Nemeti)United States Bankruptcy Court, N.D. New York · 1986

3Cited by1 opinion

  1. Matter of MeltzerUnited States Bankruptcy Court, D. Connecticut · 1988

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