Legal Opinion

Terry v. Witten & Carter, P.C. (In Re Terry)

United States Bankruptcy Court, D. Vermont

Decided January 3, 1986No. 19-10100PublishedCited by 5 opinions

1Opinion of the Court

FINDINGS AND ORDER

FRANCIS G. CONRAD, Bankruptcy Judge.

This adversary proceeding is before the Court on debtor-plaintiffs’ complaint to set aside a mortgage deed voluntarily conveyed by debtors to the defendant within 90 days of the filing of debtors’ Chapter 7 petition. Debtors assert that the granting of a mortgage deed within 90 days is a preference within the ambit of 11 U.S.C. Section 547 or, in the alternative, an impairment of their homestead exemption under 11 U.S.C. Section 522. We dismiss the complaint because the debtors lack standing to bring the action.

After a pre-trial…

2Cases cited11 opinions

  1. Williams v. First Nat. Bank of Pauls ValleySupreme Court of the United States · 1910
  2. Reaves v. Sunset Branch, National Bank of South Dakota (In Re Reaves)United States Bankruptcy Court, D. South Dakota · 1981
  3. In the Matter of Jerry Daniel WilsonCourt of Appeals for the Eleventh Circuit · 1982
  4. Boeing Airplane Co. v. PerryCourt of Appeals for the Tenth Circuit · 1963
  5. Styler v. Local Loan Financial Services (In Re Lanctot)United States Bankruptcy Court, D. Utah · 1980

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Funches v. Household Finance Consumer Discount Co. (In Re Funches)United States Bankruptcy Court, E.D. Pennsylvania · 2008
  2. In Re WeaverUnited States Bankruptcy Court, N.D. Texas · 1987
  3. Humphrey v. Herridge (In Re Humphrey)United States Bankruptcy Court, D. Maryland · 1993
  4. Berman v. FortiDistrict Court, D. Maryland · 1999
  5. In Re PfiesterUnited States Bankruptcy Court, D. New Mexico · 2011

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API