Legal Opinion
Kellner v. First Ohio Banc & Lending, Inc. (In re Geraci)
United States Bankruptcy Court, S.D. Ohio
Decided March 25, 2014No. Bankruptcy No. 11-31590; Adversary No. 11-3386PublishedCited by 1 opinion
1Opinion of the Court
DECISION DETERMINING MORTGAGE LIEN IS SUBJECT TO AVOIDANCE PURSUANT TO 11 U.S.C. § 544(a)(3)
LAWRENCE S. WALTER, Bankruptcy Judge.
The court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157(a), 157(b)(2) and 1334 and the standing General Order of Reference in this District.
This matter is before the court on the amended complaint [Adv. Doc. 53] filed by Plaintiffs Chapter 13 Trustee Jeff Kellner and Debtor Paul Geraci (“Plaintiffs”) to: 1) avoid and have released a mortgage on *226Debtor’s one-half interest in real property-constituting the Debtor’s personal residence known by the…
2Cases cited12 opinions
- In Re: Bernard L. Zaptocky and Gloria J. Zaptocky, Debtors. David O. Simon, Chapter 7 Trustee v. Chase Manhattan BankCourt of Appeals for the Sixth Circuit · 2001
- Roebuck v. Columbia Gas Transmission Corp.Ohio Court of Appeals · 1977
- Spring Lakes, Ltd. v. O.F.M. Co.Ohio Supreme Court · 1984
- Kildow v. EMC Mortgage Corp. (In Re Kildow)United States Bankruptcy Court, S.D. Ohio · 1999
- Columbia Gas Transmission Corp. v. BennettOhio Court of Appeals · 1990
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Williams v. Mid-Ohio Coal Co.Ohio Court of Appeals · 2026