Legal Opinion
In Re Buchholz
United States Bankruptcy Court, D. New Jersey
Decided August 3, 1998No. 07-11943PublishedCited by 7 opinions
1Opinion of the Court
OPINION
WILLIAM H. GINDIN, Chief Judge.
PROCEDURAL BACKGROUND
This matter comes before the court as a motion by debtor, David Buchholz (“debtor”), to expunge the secured claim of creditor Empire Mortgage Corp. (“Empire”). Debtor contests the underlying validity of a mortgage held by Empire, alleging procedural and substantive deficiencies surrounding the transaction. Empire counters that the transactions surrounding the debt were proper and valid, and that debtor is bound by principles of collateral estoppel, entire controversy doctrine, and by his confirmed reorganization plan pursuant to 11…
2Cases cited34 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Butner v. United StatesSupreme Court of the United States · 1979
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
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3Cited by7 opinions
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- Miller as Chapter 7 Trustee v. New Penn Financial, LLC, d/b/a Shellpoint MortgageUnited States Bankruptcy Court, N.D. Georgia · 2020
- Stalford v. Lion Financial, LLC (In Re Lancaster Mortgage Bankers)United States Bankruptcy Court, D. New Jersey · 2008
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