Legal Opinion

Frykberg v. JPMorgan Chase Bank, National Ass'n (In re Frykberg)

Bankruptcy Appellate Panel of the First Circuit

Decided April 18, 2013No. BAP No. MW 12-050; Bankruptcy No. 10-43546-HJB; Adversary No. 10-04140-HJBPublishedCited by 7 opinions

1Opinion of the Court

LAMOUTTE, Bankruptcy Judge.

The debtor-plaintiff, Jon A. Frykberg (the “Debtor”), appeals from a bankruptcy court order granting summary judgment in favor of JPMorgan Chase Bank, NA (“Chase”) as to all counts on the ground that federal law preempts all of the Debt- or’s causes of action. For the reasons set forth below, we AFFIRM the order.

BACKGROUND

The Debtor filed a petition for chapter 18 relief in July 2010. He subsequently filed a three-count adversary complaint against Chase relating to a 2004 home mortgage which he gave to Washington Mutual Bank, F.A. (“WaMu”), to secure a $269,500.00…

2Cases cited15 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
  3. Desmond v. Varrasso (In Re Varrasso)Court of Appeals for the First Circuit · 1994
  4. Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
  5. Boylan v. George E. Bumpus, Jr. Construction Co. (In Re George E. Bumpus, Jr. Construction Co.)Bankruptcy Appellate Panel of the First Circuit · 1998

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3Cited by7 opinions

  1. Weiss v. Wells Fargo Bank, N.A. (In re Kelley)Bankruptcy Appellate Panel of the First Circuit · 2013
  2. Mellon v. Regional Trustee Services Corp.Court of Appeals of Washington · 2014
  3. Gray v. Tacason (Tacason)Bankruptcy Appellate Panel of the First Circuit · 2015
  4. Rivera v. Lake Berkley Resort Master Ass'n (In re Rivera)United States Bankruptcy Court, D. Puerto Rico · 2014
  5. Melo v. GMAC Mortgage, LLC (Melo)Bankruptcy Appellate Panel of the First Circuit · 2013

2 more not listed; retrieve them via the Exa API.

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