Legal Opinion
Nazar v. Western State Bank (In Re Brouillette)
United States Bankruptcy Court, D. Kansas
Decided June 2, 2008No. 19-10196PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER DENYING TRUSTEE’S COMPLAINT
DALE L. SOMERS, Bankruptcy Judge.
This is an adversary proceeding brought pursuant to 11 U.S.C. §§ 544(a) and 551. 1 The Chapter 7 Trustee seeks to avoid Western State Bank’s mortgage lien in Debtors’ dwelling (but not Debtors’ real property) and preserve it for the benefit of the estate. The determinative issue is whether the dwelling is either a manufactured home or mobile home as defined by the Kansas Manufactured Housing Act, K.S.A. 58-4201, et seq. so that the exclusive manner for perfection of a lien in the home is by notation on a…
2Cases cited7 opinions
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- John K. Pearson, Trustee v. Salina Coffee House, Inc.Court of Appeals for the Tenth Circuit · 1987
- Morris v. St. John National BankCourt of Appeals for the Tenth Circuit · 2008
- Morris v. CIT Group/Equipment Financing, Inc.Court of Appeals for the Tenth Circuit · 2003
- Morris v. Citifinancial (In Re Trible)United States Bankruptcy Court, D. Kansas · 2003
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Graham v. Huntington National Bank (In re Medcorp. Inc.)United States Bankruptcy Court, N.D. Ohio · 2012
- Green Pastures Christian Ministries, Inc. v. United States Ex Rel. Internal Revenue Service (In Re Green Pastures Christian Ministries, Inc.)United States Bankruptcy Court, N.D. Georgia · 2010
- Morris v. PHH Mortgage Services (In Re Phillips)United States Bankruptcy Court, D. Kansas · 2009