Legal Opinion
Rogan v. U.S. Bank, N.A. (In re Partin)
United States Bankruptcy Court, E.D. Kentucky
Decided September 9, 2014No. Bankruptcy No. 13-53103; Adversary No. 14-5015PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
GREGORY R. SCHAAF, Bankruptcy Judge.
Plaintiff James Rogan, the chapter 7 trustee (the “Trustee”), seeks to avoid mortgages granted to the Defendant, U.S. Bank, N.A., by the Debtor, James G. Par-tin. [Doc. 1] The mortgages affect three different properties in Jessamine County, Kentucky. The Trustee argues that the mortgages were improperly recorded under Kentucky law and do not provide constructive notice. Therefore, the Trustee has priority over and may avoid the mortgages as a hypothetical lien creditor or bona fide purchaser pursuant to 11 U.S.C. §§ 544, 550 and 551.
The…
2Cases cited25 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Perrin v. United StatesSupreme Court of the United States · 1979
- JPMorgan Chase Bank, N.A. v. WingetCourt of Appeals for the Sixth Circuit · 2007
- 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
- Officemax, Inc. v. United StatesCourt of Appeals for the Sixth Circuit · 2005
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3Cited by1 opinion
- In re ParkerUnited States Bankruptcy Court, E.D. Kentucky · 2017