Legal Opinion
In Re Thomas Edward Ryan, Debtor. Peter M. Stern v. Continental Assurance Company
Court of Appeals for the First Circuit
Decided July 11, 1988No. 88-1093PublishedCited by 60 opinions
1Opinion of the Court
LEVIN H. CAMPBELL, Chief Judge.
We are asked to decide, under federal bankruptcy law and Vermont property law, which of two claimants has priority to certain property owned by the debtor: a federal bankruptcy trustee, or the holder of a recorded, but defective, mortgage deed.
I
The facts are undisputed. On November 11, 1975, debtor Ryan, a resident of Massachusetts, purchased a condominium in Hartford, Vermont. The property was subject to a $39,000 mortgage held by the Quechee Lakes Corporation. As required by Vermont law, Vt.Stat.Ann.tit. 27, § 341 (1975), 1 the mortgage deed was recorded in…
2Cases cited20 opinions
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
- McCannon v. MarstonCourt of Appeals for the Third Circuit · 1982
- Hart v. Farmers & Mechanics BankSupreme Court of Vermont · 1860
- Torgeson v. ConnellyWyoming Supreme Court · 1959
15 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Agristor Financial Corp. v. Van SickleCourt of Appeals for the Sixth Circuit · 1992
- Davis v. The Mutual Life Insurance Company Of New YorkCourt of Appeals for the Sixth Circuit · 1993
- Soto-Rios v. Banco Popular De Puerto RicoCourt of Appeals for the First Circuit · 2011
- Indian Motocycle Associates III Ltd. Partnership v. Massachusetts Housing Finance AgencyCourt of Appeals for the First Circuit · 1995
- Richart v. JacksonSupreme Court of Vermont · 2000
55 more not listed; retrieve them via the Exa API.