Legal Opinion

Burden v. Cit Group/Consumer Finance, Inc. (In Re Armstrong)

United States Bankruptcy Court, E.D. Kentucky

Decided March 30, 2007No. 19-60070PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JOSEPH M. SCOTT, Jr., Bankruptcy Judge.

This matter comes before the court on cross-motions for summary judgment filed herein by the Plaintiff Chapter 13 Trustee Beverly Burden (“Trustee”) (Doc. 12) and by the Defendant The CIT Group/Consumer Finance, Inc. (“Creditor”)(Doc. 20) as to the validity and priority of the competing interests of the Trustee and the Creditor in certain real estate owned by the Debtors Murray and Eva Armstrong located at 140 Fawn Lane, Pleasureville, Kentucky. The Trustee’s adversary complaint challenges the validity of Creditor’s mortgage…

2Cases cited5 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. 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
  4. Rogan v. America's Wholesale LenderCourt of Appeals for the Sixth Circuit · 2004
  5. Baker v. CIT Group/Consumer Finance Inc. (In Re Hastings)United States Bankruptcy Court, E.D. Kentucky · 2006

3Cited by1 opinion

  1. Rhiel v. Huntington National Bank (In Re Phalen)United States Bankruptcy Court, S.D. Ohio · 2011

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