Legal Opinion

Barney v. Bank of America, N.A.

Court of Appeals for the Tenth Circuit

Decided June 3, 2016No. 15-8097Published

1Opinion of the Court

ORDER AND JUDGMENT *

Mary Beck Briscoe, Circuit Judge

This is an appeal from a decision of the Tenth Circuit Bankruptcy Appellate Panel (BAP) that affirmed the bankruptcy court’s order for summary judgment in favor of Bank of America, N.A. (BANA), on the bankruptcy trustee’s claim, for the benefit of the bankruptcy estate, to avoid a mortgage on real property owned by the debtors. Exercising jurisdiction under 28 U.S.C. § 158(d)(1), we affirm.

Background

In January 2006, co-debtor Betty Gif-ford obtained a loan from Jackson State *794Bank and Trust (JSB) for her purchase of real property in Sublette…

2Cases cited7 opinions

  1. Veal v. American Home Mortgage Servicing, Inc. (In Re Veal)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  2. Miller v. Deutsche Bank National Trust Co.Court of Appeals for the Tenth Circuit · 2012
  3. Mathai v. Warren (In Re Warren)Court of Appeals for the Tenth Circuit · 2008
  4. Jubber v. Bank of Utah (In Re C.W. Mining Co.)Court of Appeals for the Tenth Circuit · 2014
  5. Morris v. Kasparek (In Re Kasparek)Bankruptcy Appellate Panel of the Tenth Circuit · 2010

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