Legal Opinion

In Re Clark

United States Bankruptcy Court, E.D. Virginia

Decided January 8, 1998No. 19-70122PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

STEPHEN S. MITCHELL, Bankruptcy Judge.

This matter is before the court on the debtor’s motion to avoid a deed of trust that secures Equity Search, Inc. The respondent has filed a response asserting that no statutory basis exists upon which its deed of trust may be avoided. A hearing was held in open court on January 6, 1998, at which the court ruled from the bench that the motion would be denied. This memorandum opinion supplements the court’s bench ruling.

Facts

James J. Clark (“the debtor”) filed a voluntary petition under chapter 7 of the Bankruptcy Code in this court on…

2Cases cited27 opinions

  1. Dewsnup v. TimmSupreme Court of the United States · 1992
  2. Johnson v. Home State BankSupreme Court of the United States · 1991
  3. Johnson v. First National Bank Of MontevideoCourt of Appeals for the First Circuit · 1983
  4. In Re AsheCourt of Appeals for the Third Circuit · 1982
  5. In Re DipalmaUnited States Bankruptcy Court, D. Massachusetts · 1982

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3Cited by4 opinions

  1. Sheth v. Affiliated Realty & Management Co. (In Re Sheth)United States Bankruptcy Court, N.D. Illinois · 1998
  2. American General Finance, Inc. v. Hoss (In Re Hoss)District Court, W.D. Virginia · 1999
  3. Darden v. Blankenship (In Re Blankenship)District Court, E.D. Virginia · 2001
  4. In re KemperUnited States Bankruptcy Court, M.D. Florida · 1998

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