Relief from Automatic Stay when Third Party Harmed

In re Kim, Case No. 07-12972-SSM, January 4th, 2008 Wachovia brought a Motion for Relief from the Automatic Stay to enforce its security interest in the debtors formerly owned property.  The property had been sold a few years prior, but the title examiner failed to...

Codebtor claim in foreclosure

In re Amireh, Case No. 05-12358, January 2nd, 2008 Treatment of codebtor claims In this case, the debtor originally filed a Chapter 13 which was denied confirmation and then was converted to a Chapter 7.  The Codebtor then purchased Debtors interest in the property,...

Trustee avoiding liens as a bona fide purchaser

Anderson v. Suntrust; Case No. 09-02540; August 5th, 2010 Facts This Chapter 11 case was before the court on the Trustee’s appeal of the bankruptcy court’s order and judgment in favor of Suntrust in which the court determined that under Florida law, constructive...