Legal Opinion

Martinez v. Mortgage Electronic Registration Systems, Inc. (In Re Martinez)

United States Bankruptcy Court, D. Kansas

Decided April 20, 2011No. 19-40108PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER MOSTLY DENYING PLAINTIFF’S MOTION TO RECONSIDER OR TO ALTER OR AMEND JUDGMENT BUT ALTERING SOME DISCRETE FINDINGS

JANICE MILLER KARLIN, Bankruptcy Judge.

The Court is faced with a “Morton’s fork:” 2 grant Plaintiffs Motion for Reconsideration or to Alter or Amend Judgment 3 when the facts upon which the motion is almost entirely based could, should, and in fact were known by the movant well before this adversary proceeding was filed, or deny the motion on that ground, resulting in rewarding the creditors in this case for, purposely or not, omitting relevant…

2Cases cited16 opinions

  1. United States v. James C. DunkelCourt of Appeals for the Seventh Circuit · 1991
  2. Premo v. MooreSupreme Court of the United States · 2011
  3. Raymond J. Van Skiver Alma L. Van Skiver v. United States of America and John DoesCourt of Appeals for the Tenth Circuit · 1992
  4. Bryson v. City of Oklahoma CityCourt of Appeals for the Tenth Circuit · 2010
  5. Adams v. Reliance Standard Life InsuranceCourt of Appeals for the Tenth Circuit · 2000

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3Cited by6 opinions

  1. In Re AlcideUnited States Bankruptcy Court, E.D. Pennsylvania · 2011
  2. BMO Harris Bank v. Hawes Trust Investments, LLCMissouri Court of Appeals · 2016
  3. MetLife Home Loans v. HansenCourt of Appeals of Kansas · 2012
  4. Bank of America, N.A. v. IndaCourt of Appeals of Kansas · 2013
  5. Corales v. Flagstar Bank, FSBDistrict Court, W.D. Washington · 2011

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

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