Legal Opinion

Drown v. National City Bank (In Re Ingersoll)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided December 4, 2009No. BAP 09-8018PublishedCited by 10 opinions

1Opinion of the Court

OPINION

MARILYN SHEA-STONUM, Bankruptcy Judge.

This is an appeal of the bankruptcy court’s grant of summary judgment in favor of Defendant-Appellee, National City Bank (“NCB”), in an adversary proceeding commenced by William Todd Drown, Chapter 7 Trustee (the “Chapter 7 Trustee”), pursuant to 11 U.S.C. § 544(a)(3) seeking to avoid NCB’s mortgage on the one-half interest in certain property once owned by Shirley Ingersoll’s now deceased husband.

I. ISSUE ON APPEAL

The issue presented by this appeal is whether the bankruptcy court erred in concluding that NCB’s mortgage was valid despite the fact…

2Cases cited9 opinions

  1. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
  2. Menninger v. Accredited Home Lenders (In Re Morgeson)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
  3. Hamo v. Wilson (In Re Hamo)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
  4. Moran v. LTV Steel Co. (In Re LTV Steel Co.)Court of Appeals for the Sixth Circuit · 2009
  5. Official Unsecured Creditors Committee of Valley-Vulcan Mold Co. v. Ampco-Pittsburgh Corp. (In Re Valley-Vulcan Mold Co.)Bankruptcy Appellate Panel of the Sixth Circuit · 1999

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

3Cited by10 opinions

  1. Drown v. Wells Fargo Bank, N.A. (In Re Scott)United States Bankruptcy Court, S.D. Ohio · 2010
  2. Rogan v. Fifth Third Mortgage Co. (In Re Rowe)Bankruptcy Appellate Panel of the Sixth Circuit · 2011
  3. Rogan v. American General Home Equity, Inc. (In Re Brockman)Bankruptcy Appellate Panel of the Sixth Circuit · 2011
  4. U.S. Bank National Ass'n ex rel. Truman FHA Trust 2008-1 v. Barbee (In re Barbee)Bankruptcy Appellate Panel of the Sixth Circuit · 2011
  5. In Re MayerDistrict Court, E.D. Michigan · 2011

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

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