Legal Opinion

Kelley v. Wells Fargo Bank, N.A. (In re Perry)

United States Bankruptcy Court, M.D. Georgia

Decided January 31, 2017No. Case Number: 16-40207-JTL; Adversary Proceeding Number: 16-04005PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

John T. Laney, III, United States Bankruptcy Judge

This Adversary Proceeding is before the Court to rule on the underlying legal issue as a matter of law per the parties’ request. The parties filed statements of uncontest*443ed facts and briefs. In its brief, the Defendant, Wells Fargo Bank, N.A. (“Wells Fargo”), requested oral argument, which was held on January 9, 2017. The issue before the Court is whether the security deed executed by the Husband-Debtor in favor of Wells Fargo is avoidable under 11 U.S.C. § 544(a)(3).1 The.Court now enters the following findings of fact and…

2Cases cited5 opinions

  1. U.S. Bank National Ass'n v. GordonSupreme Court of Georgia · 2011
  2. Wells Fargo Bank, N.A. v. GordonSupreme Court of Georgia · 2013
  3. Gordon v. Wells Fargo Bank, N.A. (In re Knight)United States Bankruptcy Court, N.D. Georgia · 2014
  4. Trauner v. First Tennessee Bank National Ass'n (In re Simpson)United States Bankruptcy Court, N.D. Georgia · 2016
  5. Gordon v. Terrace Mortgage Co.Court of Appeals for the Eleventh Circuit · 2009

3Cited by3 opinions

  1. Pingora Loan Servicing, LLC v. ScarverDistrict Court, N.D. Georgia · 2020
  2. Robert Trauner, Chapter 7 Trustee for the Estate o v. Caliber Home Loans, Inc.United States Bankruptcy Court, N.D. Georgia · 2022
  3. Scarver, Trustee v. PINGORA LOAN SERVICING, LLCUnited States Bankruptcy Court, N.D. Georgia · 2019

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