Legal Opinion

Weiss v. Wells Fargo Bank, N.A. (In re Kelley)

Bankruptcy Appellate Panel of the First Circuit

Decided October 1, 2013No. BAP No. MS 13-012; Bankruptcy No. 12-30538-HJB; Adversary No. 12-03013-HJBPublishedCited by 20 opinions

1Opinion of the Court

GODOY, Bankruptcy Judge.

Steven Weiss, the chapter 7 trustee (the “Trustee”), appeals from: (1) a bankruptcy court order denying his motion for summary judgment against Wells Fargo Bank, N.A. (“Wells Fargo”) on his complaint seeking to avoid a certain mortgage granted by the debtors to Wells Fargo, because of an allegedly defective acknowledgment; and (2) granting Wells Fargo’s cross-motion for summary judgment. For the reasons set forth below, we REVERSE the orders of the bankruptcy court and REMAND to the bankruptcy court for the *394entry of orders consistent with this opinion.

BACKGROUND

Shawn…

2Cases cited13 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Desmond v. Varrasso (In Re Varrasso)Court of Appeals for the First Circuit · 1994
  3. Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
  4. Boylan v. George E. Bumpus, Jr. Construction Co. (In Re George E. Bumpus, Jr. Construction Co.)Bankruptcy Appellate Panel of the First Circuit · 1998
  5. Siaca v. DCC Operating, Inc.Court of Appeals for the First Circuit · 2007

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3Cited by20 opinions

  1. Mercado v. Banco Popular De Puerto RicoBankruptcy Appellate Panel of the First Circuit · 2019
  2. Gray v. Tacason (Tacason)Bankruptcy Appellate Panel of the First Circuit · 2015
  3. O'Rorke v. Porcaro (In re Porcaro)Bankruptcy Appellate Panel of the First Circuit · 2016
  4. Wiscovitch-Rentas v. Banco Popular De Puerto Rico (In re Rivera)Bankruptcy Appellate Panel of the First Circuit · 2019
  5. HSBC Bank USA, N.A. v. Lassman (In Re Demore)Court of Appeals for the First Circuit · 2016

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