Legal Opinion

Maloney v. American National Bank (In re Terkeltaub)

United States Bankruptcy Court, D. Connecticut

Decided August 3, 1990No. Bankruptcy No. 5-89-00220; Adv. No. 5-90-0018PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM AND DECISION ON COMPLAINT TO AVOID MORTGAGES UNDER CODE § 544(a)(1)

ALAN H.W. SHIFF, Bankruptcy Judge.

I

The parties have stipulated to the following facts. On January 13, 1988, the debtor and Carole Lynn Terkeltaub purchased real estate located at 12 Beachside Common, Westport, Connecticut, and on January 18, 1988, they gave the defendant a $500,-000.00 mortgage deed on that property (the “Prepetition Mortgage”). On January 19, 1988, the Prepetition Mortgage was recorded in the Westport land records. The Pre-petition Mortgage does not contain an executed acknowledgment as required by…

2Cases cited15 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Dart & Bogue Co. v. SlosbergSupreme Court of Connecticut · 1987
  3. In Re Kors, Inc.Court of Appeals for the Second Circuit · 1987
  4. In Re Minton Group, Inc.United States Bankruptcy Court, S.D. New York · 1983
  5. Turner v. Lee (In Re Minton Group, Inc.)District Court, S.D. New York · 1985

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3Cited by5 opinions

  1. Hunter v. Snap-On Credit Corp. (In Re Fox)United States Bankruptcy Court, N.D. Ohio · 1998
  2. Rieser v. Randolph County Bank (In Re Masters)United States Bankruptcy Court, S.D. Ohio · 1992
  3. In Re CarterUnited States Bankruptcy Court, D. Connecticut · 1991
  4. University Towers Owners' Corp. v. UTB Associates (In Re University Towers Owners' Corp.)United States Bankruptcy Court, D. Connecticut · 2001
  5. In Re BlessoUnited States Bankruptcy Court, D. Connecticut · 2005

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