Legal Opinion

Buchholz v. Pacesetter Corp. (In Re Buchholz)

United States Bankruptcy Court, D. North Dakota

Decided July 10, 2003No. 19-30105PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

This adversary proceeding arises by Complaint filed by Plaintiff/Debtor Stefanie Buchholz on January 21, 2003, seeking a determination that a mortgage on her homestead held by the Defendant. The Pacesetter Corporation (hereinafter “Pacesetter”), is invalid pursuant to 11 U.S.C. §§ 522 and 544. Specifically, she alleges that the mortgage was obtained and recorded without her signature and that the signature on the mortgage is a forgery. By Answer filed February 26, 2003, Pacesetter denies the allegations.

The matter was tried before the…

2Cases cited7 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Barnett Bank of Southeast Georgia, N.A. v. Trust Co. Bank of Southeast Georgia, N.A. (In Re Ring)United States Bankruptcy Court, S.D. Georgia · 1995
  3. Beneficial Mortgage Co. of Indiana v. PowersIndiana Court of Appeals · 1990
  4. James v. Planters Bank (In Re James)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  5. Montgomery v. Dennis Joslin Co. II Ex Rel. Seasons Mortgage Group Inc. (In Re Montgomery)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Hopkins v. Foothill Mountain, Inc. (In Re Hopkins)United States Bankruptcy Court, E.D. New York · 2006

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