Legal Opinion

Guinn v. Irwin Mortgage Corp. (In Re Patterson)

United States Bankruptcy Court, E.D. Tennessee

Decided September 8, 2005No. Bankruptcy No. 04-36281, Adversary No. 05-3092PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM ON MOTION TO SET ASIDE DEFAULT JUDGMENT

RICHARD STAIR, JR., Bankruptcy Judge.

The Complaint commencing this adversary proceeding was filed by the Chapter 7 Trustee, Maurice K. Guinn, on April 19, 2005, seeking to avoid the Defendant’s lien upon the Debtors’ residence pursuant to 11 U.S.C.A. § 547 (West 2004). Additionally, the Plaintiff sought to recover the property or its value for the benefit of the bankruptcy estate pursuant to 11 U.S.C.A. § 550 (West 2004). 1 The Defendant did not file an answer or otherwise respond to the Complaint, and a Default Judgment was entered against it…

2Cases cited39 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Union Bank v. WolasSupreme Court of the United States · 1991
  3. United Coin Meter Company, Inc., a Michigan Corporation v. Seaboard Coastline Railroad, a Virginia CorporationCourt of Appeals for the Sixth Circuit · 1983
  4. Andrus v. Glover Construction Co.Supreme Court of the United States · 1980
  5. Waifersong, Ltd. Inc. v. Classic Music Vending Harry H. Krouskoupf, Sr. Harry H. Krouskoupf, Jr.Court of Appeals for the Sixth Circuit · 1992

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3Cited by4 opinions

  1. Reaves v. America's Servicing Co. (In Re Reaves)United States Bankruptcy Court, W.D. Tennessee · 2008
  2. Miller v. Certified Construction Co. (In Re Smith Mining & Material, LLC)United States Bankruptcy Court, W.D. Kentucky · 2008
  3. In re: Maggie LiuUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2020
  4. Ross v. Maryland, Department of Business & Economic Development (In re Ross)United States Bankruptcy Court, District of Columbia · 2012

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