Legal Opinion

Bird v. Winterfox, LLC (In Re Kitts)

United States Bankruptcy Court, D. Utah

Decided February 8, 2011No. 19-20862PublishedCited by 2 opinions

1Opinion of the Court

POST-REMAND FINDINGS OF FACT AND CONCLUSIONS OF LAW

JOEL T. MARKER, Bankruptcy Judge.

In this adversary proceeding, the Trustee seeks recovery under the Truth in Lending Act (TILA) related to two high-interest prepetition bridge loans that Win-terfox made to Brian Kitts (Debtor) that are secured by real property in Park City, Utah. After a three-day trial in December 2009, the Court issued its Findings of Fact and Conclusions of Law concluding inter alia that TILA did not apply to Winterfox and dismissing the Complaint. The Trustee appealed the Court’s Order Dismissing Adversary Proceeding as…

2Cases cited10 opinions

  1. Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1987
  2. Ramos v. LammCourt of Appeals for the Tenth Circuit · 1983
  3. Caldo Mares and Sally Mares, His Wife v. Credit Bureau of Raton, and Janet Yarbrough, Individually, and in Her Official CapacityCourt of Appeals for the Tenth Circuit · 1986
  4. Jacqueline Turner, on Behalf of Herself and All Others Similarly Situated v. Beneficial Corporation, Beneficial National Bank, U.S.A.Court of Appeals for the Eleventh Circuit · 2001
  5. Perrone v. General Motors Acceptance Corp.Court of Appeals for the Fifth Circuit · 2000

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3Cited by2 opinions

  1. Busch Law Firm, LLC v. Frontline Medical Services LLCBankruptcy Appellate Panel of the Tenth Circuit · 2025
  2. Rhino Energy LLC v. C.O.P. Coal Development Co. (In re C.W. Mining Co.)District Court, D. Utah · 2015

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