Legal Opinion
In Re Burns
United States Bankruptcy Court, D. Rhode Island
Decided July 7, 1995No. Bankruptcy 95-10408PublishedCited by 5 opinions
1Opinion of the Court
DECISION AND ORDER
ARTHUR N. VOTOLATO, Bankruptcy Judge.
Heard on April 12, 1995, on the Motion of Federal Home Loan Mortgage Corporation (“FHL”) for Relief from the Automatic Stay, and for leave to evict the Debtor from the property located at 26 Valley Street, Cumberland, Rhode Island.
At issue is whether the Debtor’s rights in the property, as of the date of commencement of the case, are superior to those of a pre-petition, foreclosure sale purchaser who failed to record its deed prior to the bankruptcy filing.
BACKGROUND
The relevant (and dispositive) facts are as follows: On February 21,…
2Cases cited12 opinions
- McCannon v. MarstonCourt of Appeals for the Third Circuit · 1982
- Maine National Bank v. Morse (In Re Morse)Bankruptcy Appellate Panel of the First Circuit · 1983
- Rhode Island Hospital Trust National Bank v. BoiteauSupreme Court of Rhode Island · 1977
- In Re Mill Concepts Corp.United States Bankruptcy Court, D. Massachusetts · 1991
- In Re ApplewhiteUnited States Bankruptcy Court, S.D. Mississippi · 1989
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Realty Portfolio, Inc. v. HamiltonCourt of Appeals for the Fifth Circuit · 1997
- In Re BeemanUnited States Bankruptcy Court, D. New Hampshire · 1999
- Burns v. ConleyDistrict Court, D. Rhode Island · 2007
- In Re MedagliaUnited States Bankruptcy Court, D. Rhode Island · 2009
- Realty Portfolio, Inc. v. Hamilton (In re Hamilton)Court of Appeals for the Fifth Circuit · 1997