(6th Cir. B.A.P. Nov. 7, 2016)
(7th Cir. Aug. 23, 2016)
(7th Cir. June 13, 2016)
(7th Cir. Apr. 14, 2016)
The Seventh Circuit applies Wisconsin state law and holds that a mortgage can attach a lien to a vendor’s interest in a real estate contract and that the lender perfected the lien by recording in the county land records rather than filing a UCC-1 financing statement. The trustee is unable to avoid the lien. Opinion below.
Judge: Hamilton
Attorneys for Trustee: Michael F. Dubis, Christopher R. Schultz
Attorneys for Appellees: Ruffi Law Offices, Sara Lynn Ruffi, Lund Law Office, Brad M. Lund
(7th Cir. Mar. 18, 2016)
(S.D. Ind. Feb. 3, 2016)
(Bankr. S.D. Ind. Oct. 19, 2017)
(Bankr. S.D. Ind. Aug. 21, 2017)
(Bankr. S.D. Ind. June 26, 2017)
The bankruptcy court dismisses without prejudice the debtor’s complaint against a foreclosing creditor because the court concludes it lacks subject matter jurisdiction. The debtor filed the complaint alleging numerous causes of action, including violations of the automatic stay. However, the alleged acts occurred at a time when the subject property was no longer property of the estate. Opinion below.
Judge: Carr
Attorneys for Debtor: Sabin, Shea & Des Jardines LLC, J. Andrew Sabin
(Bankr. E.D. Ky. Apr. 13, 2017)