Legal Opinion
Realty Portfolio, Inc. v. Hamilton
Court of Appeals for the Fifth Circuit
Decided October 20, 1997No. 96-20666PublishedCited by 82 opinions
1Opinion of the Court
ROSENTHAL, District Judge:
A debtor filed - a Chapter 13 bankruptcy petition three days after his homestead was sold in a foreclosure sale. When the homeowner filed for bankruptcy protection, the foreclosure purchaser had not filed the substitute trustee’s deed. Indeed, the purchaser failed to file and record the deed for another eleven days. The debtor asked the bankruptcy court to avoid the transfer of title to his homestead under 11 U.S.C. §§ 522(h) and 544(a)(3). The bankruptcy court found that the debtor had standing to seek such relief and voided the transfer; the district court affirmed.
2Cases cited55 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Westland Oil Development Corp. v. Gulf Oil Corp.Texas Supreme Court · 1982
- INWOOD NORTH HOMEOWNERS'ASS'N v. HarrisTexas Supreme Court · 1987
- United States v. Robert B. Sutton and Sutton Investments, Inc.Court of Appeals for the Fifth Circuit · 1986
- Woodward v. OrtizTexas Supreme Court · 1951
50 more not listed; retrieve them via the Exa API.
3Cited by82 opinions
- Williams v. Marlar (In Re Marlar)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
- Olick v. Parker & Parsley Petroleum Co.Court of Appeals for the Second Circuit · 1998
- Gamble v. Gamble (In Re Gamble)Court of Appeals for the Fifth Circuit · 1998
- LaBarge v. Benda (In Re Merrifield)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
- Anderson v. ConineCourt of Appeals for the Fifth Circuit · 2000
77 more not listed; retrieve them via the Exa API.