Legal Opinion
In Re Medaglia
United States Bankruptcy Court, D. Rhode Island
Decided April 1, 2009No. 08-12804PublishedCited by 3 opinions
1Opinion of the Court
DECISION
ARTHUR N. VOTOLATO, Bankruptcy Judge.
Today’s decision will overrule this Court’s prior rule and practice as to how to determine the winner of the frequently-run race between home-mortgage debtors and foreclosure sale purchasers of their real estate.
This dispute arises from Robert Buona-no’s (the “Buyer”) “Motion for Relief from Automatic Stay in Order to Record a Deed and to Take Possession” of property at 142 South Kilingly Road in Foster, Rhode Island (the “Property”). Buonano purchased the Property at a (pre-petition) foreclosure auction on September 9, 2008, a Memorandum of Sale…
2Cases cited11 opinions
- Norma I. Colon, Debtor-Appellant v. Option One Mortgage Corporation, And/or Its AssignsCourt of Appeals for the Seventh Circuit · 2003
- In Re Bruce Craig Smith, Debtor. Commercial Federal Mortgage Corporation v. Bruce Craig Smith, David P. Rogers, Jr., Chapter 13 Standing TrusteeCourt of Appeals for the Eleventh Circuit · 1996
- McCarn v. WyHy Federal Credit Union (In Re McCarn)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
- In Re ConnorsCourt of Appeals for the Third Circuit · 2007
- In Re BeemanUnited States Bankruptcy Court, D. New Hampshire · 1999
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- TD Bank, N.A. v. LaPointeBankruptcy Appellate Panel of the First Circuit · 2014
- In re VertulloUnited States Bankruptcy Court, D. New Hampshire · 2018
- U.S. Bank National Association v. Darlene VertulloBankruptcy Appellate Panel of the First Circuit · 2020