McTevia v. Adamo (In Re Atlantic Mortgage Corp.)
United States Bankruptcy Court, E.D. Michigan
1Opinion of the Court
ORDER GRANTING IN PART AND DENYING IN PART TRUSTEE’S MOTION FOR SUMMARY JUDGMENT
STEVEN W. RHODES, Bankruptcy Judge.
This adversary proceeding is before the Court on the trustee’s motion for summary judgment on his complaint to avoid the real estate liens claimed by the debtor’s investors. The trustee contends that as a matter of law, his strong arm powers under 11 U.S.C. § 544(a)(1) defeat the investors’ claims arising from mortgages and underlying promissory notes that the debtor had assigned to them.
The trustee has no objection to a summary judgment in favor of any investor who has…
2Cases cited54 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
- William Butler Smith v. Leman HudsonCourt of Appeals for the Sixth Circuit · 1979
- Cunningham v. BrownSupreme Court of the United States · 1924
- Jaffke v. DunhamSupreme Court of the United States · 1957
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3Cited by21 opinions
- Prime Financial Services LLC v. VintonMichigan Court of Appeals · 2008
- Shrewsbury v. The Bank of New York MellonSupreme Court of Delaware · 2017
- In Re Leedy Mortg. Co., Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1990
- American Hull Insurance Syndicate v. United States Lines, Inc. (In Re United States Lines, Inc.)United States Bankruptcy Court, S.D. New York · 1987
- Rogan v. Litton Loan Servicing, L.P. (In Re Collins)Bankruptcy Appellate Panel of the Sixth Circuit · 2011
16 more not listed; retrieve them via the Exa API.