Legal Opinion
Swope v. Washington Mutual Home Loans, Inc. (In re Johnston)
United States Bankruptcy Court, W.D. Pennsylvania
Decided November 9, 2005No. Bankruptcy No. 05-70016 BM; Adversary No. 05-7008 BMPublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION
BERNARD MARKOVITZ, Bankruptcy Judge.
The chapter 7 trustee asserts that a mortgage debtor granted against real property which he owned at the time with *728his wife as tenants by the entirety is not “valid” and that, as a hypothetical bona fide purchaser of the property, she consequently may avoid the mortgage in accordance with § 544(a)(3) of the Bankruptcy Code.
Washington Mutual Home Loans, Inc (hereinafter WMHL), assignee of the mortgage, opposes the relief sought by the trustee.
We conclude for reasons set forth in this memorandum opinion that the mortgage presently is not…
2Cases cited16 opinions
- Gary T. Napotnik v. Equibank and Parkvale Savings AssociationCourt of Appeals for the Third Circuit · 1982
- Beihl v. MartinSupreme Court of Pennsylvania · 1912
- C. I. T. Corporation v. FlintSupreme Court of Pennsylvania · 1939
- Butler, Bernard, Butler, Mary v. Lomas and Nettleton Company, the Secretary of Housing and Urban Development, Appeal of Lomas and Nettleton CompanyCourt of Appeals for the Third Circuit · 1988
- Long John Silver's, Inc. v. FioreSuperior Court of Pennsylvania · 1978
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re TolsonUnited States Bankruptcy Court, C.D. Illinois · 2005
- Holler v. Fairbanks Capital Corp. Servicing Center (In Re Holler)United States Bankruptcy Court, W.D. Pennsylvania · 2006
- Wagner v. Christiana Bank & Trust Co. (In Re Wagner)United States Bankruptcy Court, W.D. Pennsylvania · 2006
- Kartman v. North Suburban Tree Service Inc. (In Re Kartman)United States Bankruptcy Court, W.D. Pennsylvania · 2006
- Herb v. CitiMortgage, Inc.District Court, M.D. Pennsylvania · 2013
1 more not listed; retrieve them via the Exa API.