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New Cases For the Week of May 21, 2001 - May 25, 2001
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- The Source for Business Bankruptcy Information on the Internet
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May 23, 2001
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Case
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Court
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Holding
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In
re Zaptocky
(DBN Subscription Required) |
6th
Cir. |
A
bankruptcy trustee is entitled to avoid a defectively executed
mortgage using the the strong arm powers in 11 USC
544(a). Since Ohio law requires a mortgage to be
witnessed by two people, and since the bankruptcy court
accepted the debtors' testimony that only one person witnessed
the execution of a mortgage on their house, the bankruptcy
court did not err in ordering the avoidance of that mortgage
by the trustee. |
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May 22, 2001
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Case
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Court
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Holding
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In
re Hood
(DBN Subscription Required) |
6th Cir.
BAP |
As
part of the plan of the Constitutional Convention, the States
ceded to Congress their sovereignty over bankruptcy discharge
matters. Therefore the States do not have sovereign
immunity from a discharge in bankruptcy of a debt owed to the
State or an agency thereof. |
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