Legal Opinion

Sender v. Cygan (In re Rivera)

United States Bankruptcy Court, D. Colorado

Decided June 13, 2014No. Bankruptcy Case No. 09-23209-SBB; Adversary Proceeding No. 11-01378-SBBPublishedCited by 1 opinion

1Opinion of the Court

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT

Sidney B. Brooks, United States Bankruptcy Judge

This case is before the Court on remand from the Colorado Supreme Court on an avoidance action initiated almost two and a *746half years ago by the Chapter 7 Trustee, Harvey Sender, against the Defendants, Norman and Carol Cygan (hereinafter “the Cygans”) using his “strong-arm” powers under 11 U.S.C. § 544.

At the inception of this case in 2011, at the heart of the dispute was Colorado’s real property title recording statute, C.R.S. § 38-35-122. The particular issue before…

2Cases cited26 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. McCullough v. VirginiaSupreme Court of the United States · 1898
  3. Robert Lawrence Co. v. Devonshire Fabrics, Inc.Supreme Court of the United States · 1960
  4. Zilkha Energy Company v. Arthur Leighton, Verna Leighton, George W. Leighton, Susan Kay Stansberry, Ann E. Thompson, and Michael Frank ThompsonCourt of Appeals for the Tenth Circuit · 1990
  5. In Re Consolidated United States Atmospheric Testing Litigation, Christina Konizeski v. Livermore Labs, Alice P. Broudy v. United StatesCourt of Appeals for the Ninth Circuit · 1987

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3Cited by1 opinion

  1. Rocky Mountain High LLC v. Lofstedt (In re Old Town North, LLC EIN 84-1588948)United States Bankruptcy Court, D. Colorado · 2014

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