The Court denied Plaintiffs' Motion for Partial Summary Judgment and granted Defendant's Motion for Partial Summary Judgment, holding that the deed in lieu of foreclosure executed between the parties was valid and enforceable. The Court determined the deed in lieu of foreclosure was supported by adequate consideration, free from undue advantage, and the transaction was fair overall.
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Honorable David L. Bissett
Date: 04/20/2026
The Court denied the Plaintiffs’ Motion for Summary Judgment on claims of automatic stay and discharge violations and granted summary judgment in favor of the Defendant, holding that the Defendant’s prepetition filing of an application for a charging order, without entry of an actual charging order or any postpetition collection activity, did not create a legal restraint on the Plaintiffs’ property or impose an affirmative duty on the Defendant to withdraw the application following the bankruptcy filing.
