In re Channakhon
United States Bankruptcy Court, S.D. Ohio
1Opinion of the Court
MEMORANDUM OPINION AND ORDER ON FIFTH THIRD MORTGAGE COMPANY’S OBJECTION TO THE TRUSTEE’S FINAL REPORT
JOHN E. HOFFMAN, JR., Bankruptcy Judge.
I. Introduction
The matter before the Court has its genesis in a notary public’s failure to certify a debtor’s acknowledgment of her signature on a mortgage, an all-too-common scenario that has resulted in numerous judicial opinions adjudicating the avoidability of mortgages based on so-called blank acknowledgments. But in this case the Chapter 7 trustee, Susan L. Rhiel (“Trustee”), and the holder of the mortgage (“Mortgage”), Fifth Third Mortgage Company…
2Cases cited45 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- In Re: Enron Corp. Midland Cogeneration Venture Limited Partnership v. Enron Corp., the Official Committee of Unsecured Creditors, MovantCourt of Appeals for the Second Circuit · 2005
- In the Matter of William J. Stoecker, Debtor. Appeal of Thomas E. Raleigh, as Chapter 7 Trustee for the Estate of William J. StoeckerCourt of Appeals for the Seventh Circuit · 1993
- In the Matter of Emil Stavriotis and Judith Stavriotis, Debtors. Appeal of United States of AmericaCourt of Appeals for the Seventh Circuit · 1992
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