Legal Opinion

Harker v. Wells Fargo Bank, NA (In Re Krause)

United States Bankruptcy Court, S.D. Ohio

Decided September 2, 2009No. Bankruptcy No. 07-35568. Adversary No. 08-3111PublishedCited by 10 opinions

1Opinion of the Court

Decision Granting Motion of Wells Fargo Bank, NA to Dismiss Amended Complaint

GUY R. HUMPHREY, Bankruptcy Judge.

I. Introduction

Through this adversary proceeding, Donald F. Harker, the Chapter 7 trustee appointed in the estate case of the debtors, Kenneth and Rachel Krause, seeks a declaratory judgment that Wells Fargo Bank, NA is not a creditor of the debtors and to avoid a mortgage lien filed for record in the name of W/E Mortgage, Inc. based on the allegation that a valid assignment of the mortgage was not recorded on behalf of the holder of the note secured by such mortgage, as required by…

2Cases cited77 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
  4. Sampson v. MurraySupreme Court of the United States · 1974
  5. Weinberger v. Romero-BarceloSupreme Court of the United States · 1982

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3Cited by10 opinions

  1. Johnston v. City of Middletown (In re Johnston)United States Bankruptcy Court, S.D. Ohio · 2012
  2. In Re DeShetlerUnited States Bankruptcy Court, S.D. Ohio · 2011
  3. Guillaume v. Federal National Mortgage Ass'nDistrict Court, S.D. Florida · 2013
  4. Ubriaco v. Martino (In Re Martino)United States Bankruptcy Court, E.D. New York · 2010
  5. Ajasa v. WELLS FARGO BANK, N.A.United States Bankruptcy Court, E.D. New York · 2021

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