In re Southern Indus. Banking Corp.

1 Citing case

  1. In re Union Sec. Mortg. Co.

    25 F.3d 338 (6th Cir. 1994)   Cited 15 times
    Holding a constructive trust was unavailable since it had not been imposed prior to the bankruptcy

    1978). Citing Beds and More, Inc. v. Deutscher (In Re Southern Indus. Banking Corp.), 36 B.R. 1008 (Bankr.E.D.Tenn. 1984), ETT thus argues that its right of rescission gave it equitable title to the note and deed of trust, and that the assignment accordingly did not cause it to receive more than it otherwise would have received in a Chapter 7 liquidation of debtor's assets. ETT's argument rests upon a flawed conception of debtor's arrangement with ETT. Debtor plainly did not agree to give ETT $72,867 as consideration for ETT's "transfer" of the note and deed of trust.