Legal Opinion
Waldschmidt v. Dennis (In Re Muller)
United States Bankruptcy Court, M.D. Tennessee
Decided August 22, 1995No. Bankruptcy No. 93-08976. Adv. No. 95-0045APublishedCited by 18 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
The issue is whether the Chapter 7 trustee’s status as a judgment lien creditor under 11 U.S.C. § 544(a)(1) defeats an unrecorded deed of trust. The trustee prevails because under Tennessee law an unrecorded deed of trust is null and void as to a judgment hen creditor. The following are findings of fact and conclusions of law. Fed.R.Bankr.P. 7052.
I
In July 1989, the debtors’ purchase of real property was financed by Boatmen’s National Mortgage Company. Boatmen’s deed of trust was properly recorded on July 29,1989.
On November 12, 1993, debtors…
2Cases cited13 opinions
- Dixon v. MorganTennessee Supreme Court · 1926
- McAllester v. Aldridge (In Re Anderson)District Court, M.D. Tennessee · 1983
- In Re Kenneth Neil Pitman and Patricia Roberts Pitman, Debtors. Robert H. Waldschmidt, Trustee v. Mid-State Homes, Inc., and Jim Walter Homes, Inc.Court of Appeals for the Sixth Circuit · 1988
- Milam v. MilamTennessee Supreme Court · 1917
- Walker v. WalkerTennessee Supreme Court · 1917
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Mullane v. ChambersCourt of Appeals for the First Circuit · 2003
- Walker v. Elam (In Re Fowler)United States Bankruptcy Court, E.D. Tennessee · 1996
- Holiday Hospitality Franchising, Inc. v. States Resources, Inc.Court of Appeals of Tennessee · 2006
- Terlecky v. American Community Bank (In Re Godwin)United States Bankruptcy Court, S.D. Ohio · 1997
- First American National Bank v. Miller (In Re Miller)United States Bankruptcy Court, E.D. Tennessee · 1999
13 more not listed; retrieve them via the Exa API.