Legal Opinion

In re Crane

Court of Appeals for the Seventh Circuit

Decided December 23, 2013No. Nos. 13-1277, 13-1518PublishedCited by 19 opinions

1Opinion of the Court

HAMILTON, Circuit Judge.

Under 11 U.S.C. § 544(a)(3), a trustee in bankruptcy has the so-called “strong-arm” power to “avoid ... any obligation incurred by the debtor that is voidable by — a bona fide purchaser of real property ... from the debtor.... ” In these two appeals, we address a question that has divided bankruptcy courts in Illinois and pit*705ted mortgage lenders against unsecured creditors. The question is whether, before a 2013 amendment to the Illinois mortgage recording statute, a bankruptcy trustee could use the strong-arm power to avoid a mortgage recorded in Illinois on the…

2Cases cited25 opinions

  1. Ann Bogie v. Joan AlexandraSangerCourt of Appeals for the Seventh Circuit · 2013
  2. Ojeda v. GoldbergCourt of Appeals for the Seventh Circuit · 2010
  3. Unzicker v. Kraft Food Ingredients Corp.Illinois Supreme Court · 2002
  4. Scottie Pippen v. NBCUniversal Media LLCCourt of Appeals for the Seventh Circuit · 2013
  5. In Re Sandy Ridge Oil Co., Inc.Court of Appeals for the Seventh Circuit · 1986

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3Cited by19 opinions

  1. Darrell Cannon v. Jon BurgeCourt of Appeals for the Seventh Circuit · 2014
  2. Charles E. Covey v. State Bank of ToulonCourt of Appeals for the Seventh Circuit · 2014
  3. United States v. Z Inv. Properties, LLCCourt of Appeals for the Seventh Circuit · 2019
  4. Reinbold ex rel. Estate of Thorpe v. Thorpe (In re Thorpe)United States Bankruptcy Court, C.D. Illinois · 2016
  5. Jordan v. Dominick's Finer FoodsDistrict Court, N.D. Illinois · 2015

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