Legal Opinion
Pruitt v. Gramatan Investors Corp. (In Re Pruitt)
United States Bankruptcy Court, E.D. New York
Decided April 15, 1987No. 8-15-74539PublishedCited by 22 opinions
1Opinion of the Court
DECISION
MARVIN A. HOLLAND, Bankruptcy Judge:
The debtor in this Chapter 13 case 1 seeks to avoid a mortgage foreclosure on its real property based upon the analysis set forth in Durrett v. Washington Nat. Ins. Co., 621 F.2d 201 (5th Cir.1980) and its progeny. Prior to addressing the merits of the debtor’s claim, the court must determine whether a Chapter 13 trustee may exercise a trustee’s avoiding power for these purposes.
FACTS
On May 6, 1986 the parties stipulated and I make the following findings of fact:
1. The premises in question are known as 12 Dale Avenue, Hempstead, New York.
2. The…
2Cases cited29 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
- In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
- In Re Judith Lynne Madrid, Debtor. Judith Lynne Madrid v. Lawyers Title Insurance Corp., and Donald TurneyCourt of Appeals for the Ninth Circuit · 1984
- Lawyers Title Insurance Corp. v. Madrid (In Re Madrid)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
24 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Thomas J. Barrett and Sharon B. Barrett v. Commonwealth Federal Savings and Loan Association, Robert J. Gunn, and John Green, SheriffCourt of Appeals for the Third Circuit · 1991
- In Re NYSE Specialists Securities LitigationDistrict Court, S.D. New York · 2005
- Lindsay v. Beneficial Reinsurance Co. (In Re Lindsay)United States Bankruptcy Court, S.D. California · 1989
- Davis v. Suderov (In Re Davis)District Court, E.D. New York · 1994
- Ehring v. Western Community Moneycenter (In Re Ehring)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
17 more not listed; retrieve them via the Exa API.