Legal Opinion

DeGiacomo v. Traverse (Traverse)

Bankruptcy Appellate Panel of the First Circuit

Decided February 4, 2013No. BAP No. MB 12-025; Bankruptcy No. 11-17703-WCH; Adversary No. 11-01349-WCHPublishedCited by 7 opinions

1Opinion of the Court

HAINES, Bankruptcy Judge.

Debtor Virginia A. Traverse appeals the bankruptcy court’s order granting summary judgment to the chapter 7 trustee on her counterclaim seeking to limit the scope of his ability to sell her home. We AFFIRM.

BACKGROUND

In 2005, Traverse executed a mortgage on her home in favor of Washington Mutual Bank, F.A., as security for a $200,000.00 loan. Washington Mutual then sold the mortgage to JP Morgan Chase Bank, N.A. The mortgage, however, went unrecorded. Later, Traverse granted a second mortgage on the home in favor of CitiBank, N.A. to secure a line of credit. It was…

2Cases cited18 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Stern v. MarshallSupreme Court of the United States · 2011
  3. Church of Scientology of California v. United StatesSupreme Court of the United States · 1992
  4. Borges Ex Rel. SMBW v. Serrano-IsernCourt of Appeals for the First Circuit · 2010
  5. Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998

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3Cited by7 opinions

  1. García v. GonzálezBankruptcy Appellate Panel of the First Circuit · 2014
  2. Travers v. Bank of America, N.A. (In re Travers)United States Bankruptcy Court, D. Rhode Island · 2014
  3. Melo v. GMAC Mortgage, LLC (Melo)Bankruptcy Appellate Panel of the First Circuit · 2013
  4. Frykberg v. JPMorgan Chase Bank, National Ass'n (In re Frykberg)Bankruptcy Appellate Panel of the First Circuit · 2013
  5. Gonzalez v. Massachusetts Department of Revenue (In re Gonzalez)Bankruptcy Appellate Panel of the First Circuit · 2014

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

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