Legal Opinion
Parks v. Brooks (In Re Brooks)
United States Bankruptcy Court, D. Kansas
Decided July 14, 2011No. 19-10028PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
ROBERT E. NUGENT, Chief Judge.
This case presents yet another opportunity to consider the extent of the remedies available to a trustee who has successfully avoided an unperfected security interest in the frequently-encountered situation where a lender has perfected its mortgage interest in real property but failed to perfect its lien in the manufactured or mobile home that is set on the property. Recent case law developments in the Tenth Circuit warrant another look at this oft-litigated question. Invoking her powers under 11 U.S.C. §§ 544(a) and 551, the chapter 7 trustee…
2Cases cited8 opinions
- Morris v. Kansas Drywall Supply Co. (In Re Classic Drywall, Inc.)District Court, D. Kansas · 1991
- Morris v. St. John National BankCourt of Appeals for the Tenth Circuit · 2008
- Rodriguez v. Drive Financial Services, L.P. (In Re Trout)Court of Appeals for the Tenth Circuit · 2010
- Morris v. Vulcan Chemical Credit Union (In Re Rubia)Bankruptcy Appellate Panel of the Tenth Circuit · 2001
- Rubia v. Vulcan Chemical Credit UnionCourt of Appeals for the Tenth Circuit · 2001
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Morris v. Ark Valley Credit UnionDistrict Court, D. Kansas · 2015
- Morris v. Ark Valley Credit Union (In re Gracy)United States Bankruptcy Court, D. Kansas · 2015