Tag Archives: avoidance action

Federal Tax Liens: Be on the Lookout for Tax Lien Notices – Perfection and Priority Can Be Tricky

In re Aquatic Pools, Inc., 567 B.R. 376 (Bankr. D. N.M. 2017) – The IRS filed a proof of claim that included unpaid taxes, prepetition penalties and prepetition interest. The chapter 11 debtor objected to the IRS’ proof of claim … Continue reading

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“Duly Acknowledged” Is Not Enough: Play It Again Sam

James B. Nutter & Co. v. DeGiacomo (In re Reznikov), 567 B.R. 239 (D. Mass. 2017) – A chapter 7 trustee sought to avoid a mortgage – alleging that there was a defective acknowledgment certificate based on a failure to state … Continue reading

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Defective Mortgage Acknowledgments: Variations on a Theme

Harker v. PNC Mtg. Co. (In re Oakes), 565 B.R. 616 (Bankr. S.D. Ohio 2017) – A chapter 7 trustee sought to avoid a defectively acknowledged mortgage using his “strong-arm” powers. The mortgagee countered that a state “savings” statute prevented … Continue reading

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Foreclosure Sales: Strong Arm Powers and the Subtleties of State Law

Weiss v. U.S. Bank, N.A. (In re Mularski), 565 B.R. 203 (Bankr. D. Mass. 2017) – A chapter 7 trustee sought to avoid a prepetition transfer of property resulting from a mortgage foreclosure sale. The mortgagee argued that the completed … Continue reading

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Avoiding Mortgages (Again): Consider Carefully the Form of Execution / Acknowledgment When Using a Power Of Attorney

HSBC Bank USA, N.A. v. Lassman (In re DeMore), 844 F.3d 292 (1st Cir. 2016) – A chapter 7 trustee sought to avoid a mortgage using his strong arm powers based on an improper acknowledgment by a person executing the … Continue reading

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Avoiding Judicial Liens: Existing But Unenforceable v. Nonexistent

CRP Holdings, A-1, LLC v. O’Sullivan (In re O’Sullivan), 841 F3d 786 (8th Cir. 2016) – A chapter 7 debtor sought to avoid a judgment lien on the grounds that the lien impaired the debtor’s exemption. The bankruptcy court granted … Continue reading

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Deeds: Not All “Freebies” Are Fraudulent

Rodriguez v. Nelabovige (In re Kirst), 559 B.R. 757 (Bankr. D. Colo. 2016) – About a year before filing bankruptcy, a debtor conveyed his interest as a joint tenant in a residential property to his mother-in-law in consideration for $10. … Continue reading

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