In re Arnette (Chapter 7 Adversary Proceeding)
Mar 23, 2018OUTCOME: Victory for client (debtor)
The chapter 7 trustee commenced an adversary proceeding seeking a declaratory judgment that the mortgage on the debtor's home was void on its face and, further, that the mortgage may be avoided as not ... properly recorded. The Court ruled in favor of the debtor, holding that the mortgage satisfied the statute of frauds and was valid and enforceable against the chapter 7 trustee in his strong-arm capacity.