Legal Opinion

Morris v. PHH Mortgage Services (In Re Phillips)

United States Bankruptcy Court, D. Kansas

Decided December 21, 2009No. 19-20217Published

1Opinion of the Court

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

The chapter 7 trustee seeks to avoid the lien of PHH Mortgage Services (“PHH”) in a manufactured home occupied by the debtors as their homestead. The trustee contends PHH has neither perfected its security interest in the manufactured home nor “eliminated” the title to the home as provided by KaN. Stat. Ann. § 58-4214 (2005). The parties submit this matter for determination on stipulations contained in the pretrial order, stipulated exhibits, oral argument and post-argument briefs. 1 The trustee J. Michael Morris appears in person. PHH appears…

2Cases cited8 opinions

  1. Pork Motel, Corp. v. Kansas Department of Health & EnvironmentSupreme Court of Kansas · 1983
  2. Beneficial Finance Co. v. SchroederCourt of Appeals of Kansas · 1987
  3. Joy Technologies, Inc. v. Secretary of LaborCourt of Appeals for the Tenth Circuit · 1996
  4. Morris v. Citifinancial (In Re Trible)United States Bankruptcy Court, D. Kansas · 2003
  5. Durrett v. BryanCourt of Appeals of Kansas · 1990

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