Legal Opinion
Baker v. CIT Group/Consumer Finance Inc. (In Re Hastings)
United States Bankruptcy Court, E.D. Kentucky
Decided October 30, 2006No. 19-50304PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION
WILLIAM S. HOWARD, Bankruptcy Judge.
This matter is before the court on cross-Motions for Summary Judgment by Defendant The CIT Group/Consumer Finance, Inc. (“CIT”) and the Plaintiff Trustee. This is another in a line of cases in which the Trustee challenges the validity of a mortgage based on an allegedly defective acknowledgment. The issues before the court are whether the mortgage was properly acknowledged, and, even if it was not, whether KRS 382.270 may be retroactively applied to defeat the Trustee. The third issue, raised in the Trustee’s Motion for Summary Judgment,…
2Cases cited12 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Fed. Sec. L. Rep. P 94,768 Phil A. Street and Clyde H. Street v. J.C. Bradford & CompanyCourt of Appeals for the Sixth Circuit · 1990
- Kentucky Insurance Guaranty Ass'n v. Jeffers Ex Rel. JeffersKentucky Supreme Court · 2000
- Rogan v. America's Wholesale LenderCourt of Appeals for the Sixth Circuit · 2004
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Select Portfolio Services, Inc. v. Burden (In Re Trujillo)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
- MG Investments, Inc. v. Johnson (In Re Cocanougher)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
- Rhiel v. Huntington National Bank (In Re Phalen)United States Bankruptcy Court, S.D. Ohio · 2011
- Burden v. Cit Group/Consumer Finance, Inc. (In Re Armstrong)United States Bankruptcy Court, E.D. Kentucky · 2007
- In re: Alga Henson v.Bankruptcy Appellate Panel of the Sixth Circuit · 2008
3 more not listed; retrieve them via the Exa API.