Citicorp Mortgage, Inc. v. Brooks (In Re Ex-Cel Concrete Co.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
VOLINN, Bankruptcy Judge:
OVERVIEW
The bankruptcy court authorized a sale of the debtor’s property free and clear of liens. The resulting proceeds were significantly less than the amount secured by the senior lien. The senior lienor had not received notice of the sale and consequently did not appear. The court determined that the trustee’s attempted notice to the senior lien- or satisfied due process concerns and denied the senior lienor’s motion to set aside the order authorizing the sale. We REVERSE.
FACTS AND PROCEEDINGS BELOW
Michael D. McConnell and Dana McConnell, husband and wife,…
2Cases cited13 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Memphis Light, Gas & Water Division v. CraftSupreme Court of the United States · 1978
- In Re Brian D. Hammer, Debtor. Brian D. Hammer v. Michael Drago and Ed SummersCourt of Appeals for the Ninth Circuit · 1991
- Maria C. Maldonado v. Orlando RamirezCourt of Appeals for the Third Circuit · 1985
- In the Matter of Arlo B. Edwards, Debtor-Appellee. Appeal of Golden Guernsey Dairy Co-OpCourt of Appeals for the Seventh Circuit · 1992
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- GMAC Mortgage Corp. v. Salisbury (In Re Loloee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- South Motor Co. v. Carter-Pritchett-Hodges, Inc. (In Re MMH Automotive Group, LLC)United States Bankruptcy Court, S.D. Florida. · 2008
- Nicholson v. Nagel (In Re Nagel)District Court, D. Arizona · 1999
- In re RichterUnited States Bankruptcy Court, C.D. California · 2015
- Jorgenson v. State Line Hotel, Inc. (In Re State Line Hotel, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
19 more not listed; retrieve them via the Exa API.