Legal Opinion
Kaler v. Letcher (In Re Wegner)
United States Bankruptcy Court, D. North Dakota
Decided July 10, 1997No. 19-30170PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WILLIAM A. HILL, Bankruptcy Judge.
The Chapter 7 trustee, Kip M, Kaler (Trustee), commenced the above-entitled action by Complaint filed February 19, 1997, seeking avoidance of the Defendant Elroy Letcher’s (Letcher) unrecorded mortgage pursuant to section 544(a)(3) and preservation of the mortgage lien for the benefit of the estate as provided by section 551 of the United States Bankruptcy Code. Letcher concedes his mortgage was unrecorded but asserts that because it is against real property exempted as homestead by the Debtor section 551 is ineffective to vest the estate…
2Cases cited6 opinions
- Heintz v. Carey (In Re Heintz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
- Walker v. Elam (In Re Fowler)United States Bankruptcy Court, E.D. Tennessee · 1996
- Magnuson v. BreherNorth Dakota Supreme Court · 1939
- Barnett Bank of South Florida, N.A. v. Weitzner (In Re Kavolchyck)District Court, S.D. Florida · 1994
- Drewes v. Security State Bank of Wishek (In Re Nies)United States Bankruptcy Court, D. North Dakota · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Missouri Breaks, LLC v. BurnsNorth Dakota Supreme Court · 2010
- Riley v. Sullivan (Sullivan)Bankruptcy Appellate Panel of the First Circuit · 2008
- In Re HicksUnited States Bankruptcy Court, W.D. Missouri · 2006
- Kaler Ex Rel. Arzt v. Overboe (In Re Arzt)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
- In Re BetheaDistrict Court, District of Columbia · 2002
3 more not listed; retrieve them via the Exa API.