Legal Opinion
Hamerly v. Fifth Third Mortgage Co. (In Re J & M Salupo Development Co.)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided April 18, 2008No. 07-8026PublishedCited by 56 opinions
1Opinion of the Court
OPINION
FULTON, Bankruptcy Judge.
Paul T. and Nancy Hamerly (“Appellants”) appeal the bankruptcy court’s grant of a judgment on the pleadings pursuant to Federal Rule of Bankruptcy Procedure 7012(c) in favor of Fifth Third Mortgage Company (“Appellee”) and denial of Appellants’ motion for reconsideration of that judgment, which held that Appellants could not prove any facts entitling them to obtain clear title to certain real property or warranting equitable subordination of Appellee’s mortgage against such property. Appellee had extended a construction loan to J & M Salupo Development Co.…
2Cases cited20 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Great Plains Trust Co. v. Morgan Stanley Dean Witter & Co.Court of Appeals for the Fifth Circuit · 2002
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
- Sault Ste. Marie Tribe of Chippewa Indians v. EnglerCourt of Appeals for the Sixth Circuit · 1998
15 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Grant, Konvalinka & Harrison, PC v. BanksCourt of Appeals for the Sixth Circuit · 2013
- Cusano v. Klein (In Re Cusano)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
- Phillips v. Weissert (In Re Phillips)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
- In Re HenningUnited States Bankruptcy Court, W.D. Tennessee · 2009
- In re MillerUnited States Bankruptcy Court, E.D. Tennessee · 2013
51 more not listed; retrieve them via the Exa API.