Legal Opinion
Hearn v. Bank of New York (In Re Hearn)
United States Bankruptcy Court, E.D. Michigan
Decided February 3, 2006No. 19-42801PublishedCited by 17 opinions
1Opinion of the Court
OPINION (1) GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT; AND (2) DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
PHILLIP J. SHEFFERLY, Bankruptcy Judge.
I. Introduction
This matter is before the Court upon a complaint filed by Terry S. Hearn, the Debtor in this Chapter 13 case, to avoid a lien. The complaint seeks to avoid a mortgage lien held by Countrywide Home Loans as nominee for Bank of New York under 11 U.S.C. § 544. 1 Plaintiff filed a motion for summary judgment. Defendant filed a motion for summary judgment. The Court conducted a hearing on the cross motions for summary judgment on…
2Cases cited18 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
- Jenkins v. AndersonSupreme Court of the United States · 1980
- Philip Berryman v. Dean Rieger, C. Kukla, Diane HolzheuerCourt of Appeals for the Sixth Circuit · 1998
13 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Buckeye Check Cashing, Inc. v. Meadows (In Re Meadows)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- Greenpoint Mortgage Funding, Inc. v. Herrera (In Re Herrera)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
- Yoon v. Krick (In Re Krick)United States Bankruptcy Court, N.D. Indiana · 2007
- Russo-Chestnut v. Wells Fargo Home Mortgage (In re Russo-Chestnut)United States Bankruptcy Court, D. South Carolina · 2014
- Hazelwood v. Fifth Third Bank (In re Hazelwood)United States Bankruptcy Court, W.D. Kentucky · 2014
12 more not listed; retrieve them via the Exa API.