Kildow v. EMC Mortgage Corp. (In Re Kildow)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that debtor could not exercise § 544 avoidance powers, court reformed mortgage over debtor’s objection where debtor had completed plan payments and obtained discharge
• citing, inter alia, the Hamilton decision and acknowledging its agreement “with the courts which have concluded that chapter 13 debtors may avoid transfers subject to the restrictions set forth in sections 522(g)(1) and (h
• chapter 13 debtors may avoid transfers, but only subject to the restrictions contained in §§ 522(g)(1) and (h)
• “When analyzing the validity, priority, or extent of interests in property, state law controls.” (citing Butner v. United States, 440 U.S. 48, 55, 99 S.Ct. 914, 59 L.Ed.2d 136 (1979))
• “When analyzing the validity, priority, or extent of interests in property, state law controls.” (citing Butner v. United States, 440 U.S. 48, 55, 99 S.Ct. 914, 59 L.Ed.2d 136 (1979))
• “When analyzing the validity, priority, or extent of interests in property, state law controls.” (citing Butner v. United States, 440 U.S. 48, 55, 99 S.Ct. 914, 59 L.Ed.2d 136 (1979))

Source: CourtListener parenthetical corpus (CC0).