Legal Opinion
TD Bank, N.A. v. LaPointe
Bankruptcy Appellate Panel of the First Circuit
Decided February 24, 2014No. BAP No. 13-029; Bankruptcy No. 13-10688-BAHPublishedCited by 24 opinions
1Opinion of the Court
FEENEY, Bankruptcy Judge.
TD Bank, N.A. (the “Bank”) appeals the bankruptcy court’s order denying its motion for relief from the automatic stay to enforce its state law rights with respect to the debtor’s residence. The Bank argues that the bankruptcy court erred in denying its motion because it had conducted a pre-petition foreclosure sale of the debtor’s residence, thereby divesting the debtor of any interest in the residence which would be property of the estate protected by the automatic stay. We agree and, therefore, we REVERSE the bankruptcy court’s order denying the Bank’s motion for…
2Cases cited35 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Soares v. Brockton Credit UnionCourt of Appeals for the First Circuit · 1997
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- In the Matter of Benny L. ROACH and Edith Roach, AppellantsCourt of Appeals for the Third Circuit · 1987
- Atwood v. Chase Manhattan Mortgage Co. (In Re Atwood)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
30 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- In re RichterUnited States Bankruptcy Court, C.D. California · 2015
- Stevenson v. TND Homes I, LP (In re Stevenson)Bankruptcy Appellate Panel of the First Circuit · 2018
- Castellanos Group Law Firm, L.L.C. v. Federal Deposit Insurance (In re MJS Las Croabas Properties, Inc.)Bankruptcy Appellate Panel of the First Circuit · 2016
- Wiscovitch-Rentas v. Villa Blanca VB Plaza LLCBankruptcy Appellate Panel of the First Circuit · 2016
- Gordon v. Envoy Mortgage, Ltd.District Court, D. New Hampshire · 2017
19 more not listed; retrieve them via the Exa API.