By Eric K. Fox, Esq. (Hendersonville, TN) Jane Debtor has a home with a mortgage. An unsecured creditor obtains a judgment against Jane for, say, a credit card debt. Creditor’s attorney records a certified copy of the judgement order with the county register of deeds, thereby converting the unsecured claim against Jane in personam, to a secured claim against her...
From the Editor – Avoidance
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By The Honorable William Houston Brown (Retired)
Chapter 7 trustee’s avoidance of post-petition mortgage lien. After filing Chapter 7, the debtor, without prior authority, refinanced property of the estate twice and the trustee sought avoidance of the mortgage lien under § 549. No defense was available because the mortgagee did not qualify as a good faith transferee, having knowledge of the bankruptcy filing as a pre-petition creditor. Under § 550, recovery could be the property or value of the avoided lien. In re Lemmons, ___ B.R. ___, 2019 WL 3806519 (Bankr. D. Idaho Aug . . .
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