Knigge, et al v. SunTrust Mortgage, Inc., No. 12-6026 (8th Cir. 2012)
Annotate this CaseDebtors appealed from the ruling of the bankruptcy court granting summary judgment to SunTrust and denying summary judgment to debtors, on debtors' adversary complaint that challenged SunTrust's standing to enforce a promissory note and deed of trust on debtors' property, and sought to remove the deed of trust from the chain of title to such property. The court affirmed the bankruptcy court's judgment and held that the promissory note was a negotiable instrument and that SunTrust was entitled to enforce it and the deed of trust. The bankruptcy court properly used evidence from the affidavit of SunTrust's representative and properly applied judicial estoppel.
Court Description: Bankruptcy Appellate Panel. Bankruptcy court correctly determined that the promissory note was a negotiable instrument and that Sun Trust was entitled to enforce it and the deed of trust; debtors were judicially estopped from denying that Sun Trust held an enforceable secured claim by their filings in this case and a prior bankruptcy.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.