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Kohut v. Quicken Loans, Inc. (In re Wohlfeil)

322 B.R. 302 (2005)

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Kohut v. Quicken Loans, Inc. (In re Wohlfeil)

United States Bankruptcy Court for the Eastern District of Michigan
322 B.R. 302 (2005)

AR

Facts

On June 4, Baird and Lisa Ann Wohlfeil (debtors) refinanced their real property with a loan from Quicken Loans, Inc. (Quicken) (defendant). On June 18, the Wohlfeils filed for Chapter 7 bankruptcy. On June 24, Quicken recorded its mortgage. Gene Kohut (plaintiff), the trustee of the bankruptcy estate, filed suit, seeking to avoid the recording of the mortgage as a postpetition transfer. Kohut argued that his status as trustee gave him the rights of a bona fide purchaser. Quicken responded that Kohut did not have bona-fide-purchaser status because the debtors had disclosed the loan in their bankruptcy schedules and statement of financial affairs. Kohut moved for partial summary judgment.

Rule of Law

Issue

Holding and Reasoning (Rhodes, C.J.)

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Bankruptcy

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