Legal Opinion
In re Toney
United States Bankruptcy Court, E.D. Tennessee
Decided September 7, 2006No. 06-11120PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM
JOHN C. COOK, Bankruptcy Judge.
This case is before the court on a motion for relief from the automatic stay filed by U.S. Bank National Association (“the bank”). The motion seeks an order vacating the stay so that the bank can recover possession from the debtor of a residence that the bank obtained through a prepetition foreclosure sale. Having considered the motion, the undisputed material facts, and the briefs and arguments of the parties, the court will grant the motion.
I
The following facts are undisputed. On February 3, 2005, the debtor executed a promissory note in favor of the…
2Cases cited6 opinions
- In Re: Stephanie Ruehle, Debtor. Stephanie Ruehle v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2005
- Impac Funding Corp. v. Simpson (In Re Simpson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
- In Re: Charles Joyce Cain and Chris Alan Cain, Debtors. Charles Joyce Cain and Chris Alan Cain v. Wells Fargo Bank, N.A.Court of Appeals for the Sixth Circuit · 2005
- In Re CrawfordUnited States Bankruptcy Court, N.D. Illinois · 1997
- In Re WilliamsUnited States Bankruptcy Court, E.D. Tennessee · 2000
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3Cited by3 opinions
- Baeshen v. Arcapita Bank B.S.C.(c) (In re Arcapita Bank B.S.C.(c))United States Bankruptcy Court, S.D. New York · 2014
- In re HowardUnited States Bankruptcy Court, N.D. Georgia · 2014
- In re: John Gordon Young and Geraldine J. YoungUnited States Bankruptcy Court, W.D. Michigan · 2012