Legal Opinion

Brown Commercial Construction Co. v. Corbin Park, L.P. (In Re Corbin Park, L.P.)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided May 7, 2012No. BAP KS-10-084, KS-10-085, KS-10-086, KS-10-088, KS-11-001, KS-11-004; Bankruptcy 10-20014PublishedCited by 1 opinion

1Opinion of the Court

CORNISH, Chief Judge.

Two general contractors and four subcontractors appeal the bankruptcy court’s order determining that, under Kansas law, the interest of a construction lender/mortgagee in a retail shopping center development has priority over their mechanic’s lien claims. Having thoroughly reviewed the record and applicable law, we conclude that the bankruptcy court committed no reversible error in determining the priority of interests between these claimants. Therefore, we must affirm the bankruptcy court’s order.

I. BACKGROUND FACTS 1

Debtor Corbin Park, L.P. (“Debtor”) owns a large…

2Cases cited18 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  3. Catlin v. United StatesSupreme Court of the United States · 1945
  4. Salve Regina College v. RussellSupreme Court of the United States · 1991
  5. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996

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3Cited by1 opinion

  1. Carpenter v. Montana Department of Labor & Industry Unemployment Insurance Contributions Bureau (In Re Carpenter)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015

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