Drewes v. Security State Bank of Wishek (In Re Nies)
United States Bankruptcy Court, D. North Dakota
1Opinion of the Court
MEMORANDUM & ORDER
WILLIAM A. HILL, Bankruptcy Judge.
The Chapter 7 Trustee, Wayne Drewes (Trustee), commenced the above-entitled action by Complaint filed on March 7, 1995, seeking to avoid a security interest in specified real property acquired by virtue of a mortgage given by the debtors, Kent and Twila Nies (Nies), to the Security State Bank of Wishek (Bank). The Trustee essentially asserts that the Bank’s mortgage is unenforceable and inferior to his status as a bona fide purchaser of real property under 11 U.S.C. § 544(a)(3) since the mortgage failed to provide an adequate statement as to…
2Cases cited15 opinions
- In Re Truman R. Kingsley and Connie Kingsley, Debtors. Truman R. Kingsley and Connie Kingsley v. First American Bank of CasseltonCourt of Appeals for the First Circuit · 1989
- Bankr. L. Rep. P 71,864, 4 Ucc rep.serv.2d 5 in Re Paul v. Rolain, Debtor. Norwest Bank St. Paul, N.A. v. Edward W. Bergquist, Trustee of the Estate of Paul v. RolainCourt of Appeals for the Eighth Circuit · 1987
- LMS Holding Co. v. Core-Mark Mid-Continent, Inc.Court of Appeals for the Tenth Circuit · 1995
- Kingsley v. First American Bank of Casselton (In Re Kingsley)United States Bankruptcy Court, D. North Dakota · 1987
- Michael v. Martinson (In re Michael)Court of Appeals for the Ninth Circuit · 1995
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3Cited by8 opinions
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- Yoppolo v. Household Realty Corp. (In Re Winland)United States Bankruptcy Court, N.D. Ohio · 2001
- Giuliano v. Legates (In Re Legates)United States Bankruptcy Court, D. Delaware · 2008
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