Legal Opinion
Bavely v. Huntington National Bank (In Re Cowan)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided February 12, 2002No. 01-8011PublishedCited by 15 opinions
1Opinion of the Court
OPINION
MORGENSTERN-CLARREN, Bankruptcy Judge.
This case presents a variation on the now-common fact pattern in individual Chapter 7 bankruptcy cases filed in Ohio where a Chapter 7 Trustee attempts to set aside a recorded mortgage on real property on the ground that the mortgage was not properly executed under state law, leaving the mortgage holder’s interest un-perfected. The reported cases to date have dealt with traditional land, which is one of two recording systems in Ohio, the other being registered land. The dispute in this case centers on registered land, and the manner in which…
2Cases cited13 opinions
- Ohio State Board of Pharmacy v. FrantzOhio Supreme Court · 1990
- In Re: Bernard L. Zaptocky and Gloria J. Zaptocky, Debtors. David O. Simon, Chapter 7 Trustee v. Chase Manhattan BankCourt of Appeals for the Sixth Circuit · 2001
- Helman v. Epl Prolong, Inc.Ohio Court of Appeals · 2000
- State v. JonesOhio Supreme Court · 1980
- SPC Plastics Corp. v. Griffith (In Re Structurlite Plastics Corp.)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Menninger v. Accredited Home Lenders (In Re Morgeson)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
- In Re Kay Lorraine Lewis, Debtor. Superior Bank, Fsb v. James W. Boyd, Chapter 7 Bankruptcy TrusteeCourt of Appeals for the Sixth Circuit · 2005
- In Re Flamingo 55, Inc.United States Bankruptcy Court, D. Nevada · 2007
- Drown v. Wells Fargo Bank, N.A. (In Re Scott)United States Bankruptcy Court, S.D. Ohio · 2010
- Rhiel v. Huntington National Bank (In Re Phalen)United States Bankruptcy Court, S.D. Ohio · 2011
10 more not listed; retrieve them via the Exa API.