Legal Opinion

In the Matter of PINETREE, LTD., Debtor. the MUTUAL BENEFIT LIFE INSURANCE COMPANY, Appellant, v. PINETREE, LTD., Debtor, Appellee

Court of Appeals for the Fifth Circuit

Decided July 25, 1989No. 89-4019PublishedCited by 42 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

An unfortunate train of circumstances led to this dispute over whether the principal asset of the debtor’s estate, a shopping center, is property of the estate within 11 U.S.C. § 541. The bankruptcy court held that an unrecorded deed from an entity related to the debtor was sufficient to place the property within the debtor’s estate and to nullify a foreclosure sale carried out by the mortgagee against the related entity, the record title owner, after bankruptcy was filed. We reverse, concluding that although the debtor had a “legal interest” in this property, it…

2Cases cited10 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
  3. 1 Collier bankr.cas.2d 42, Bankr. L. Rep. P 67,033 Ralph I. Selby, Trustee in Bankruptcy for the Frimberger Corporation v. Ford Motor CompanyCourt of Appeals for the Sixth Circuit · 1979
  4. Georgia Pacific Corporation v. Sigma Service CorporationCourt of Appeals for the Fifth Circuit · 1983
  5. QUALITY HOLSTEIN LEASING v. McKENZIECourt of Appeals for the Fifth Circuit · 1985

5 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Soares v. Brockton Credit UnionCourt of Appeals for the First Circuit · 1997
  2. Realty Portfolio, Inc. v. HamiltonCourt of Appeals for the Fifth Circuit · 1997
  3. Franklin Savings Ass'n v. Office of Thrift SupervisionCourt of Appeals for the Tenth Circuit · 1994
  4. Anderson v. McGowan (In Re Anderson)District Court, D. Rhode Island · 1991
  5. In Re LampkinUnited States Bankruptcy Court, D. Maryland · 1990

37 more not listed; retrieve them via the Exa API.

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