Legal Opinion
Griffey v. U.S. Bank (In Re Griffey)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided December 12, 2005No. BAP No. CO-05-066. Bankruptcy No. 03-34845-ABC. Adversary No. 04-01406-ABCPublishedCited by 26 opinions
1Opinion of the Court
OPINION
BOHANON, Bankruptcy Judge.
The Appellants appeal the “Order Denying Motion for Reconsideration and for Entry of Default Judgment.” As explained below, the Court reverses and remands this matter to the bankruptcy court.
Background
The facts are undisputed. The Appellants are the debtors in the underlying Chapter 13 bankruptcy case, and they brought a complaint against U.S. Bank (“the Bank”), seeking to “strip off’ the Bank’s second mortgage on their primary residence. The Bank did not appear or answer the complaint. Consequently, the Appellants complied with the bankruptcy court’s…
2Cases cited14 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
- In Re Sieglinde M. Zimmer, Debtor, Sieglinde M. Zimmer v. Psb Lending CorporationCourt of Appeals for the Ninth Circuit · 2002
- In Re: Pamela L. Tanner, Debtor. Pamela L. Tanner v. Firstplus Financial, Inc., F.K.A. Remodelers National FundingCourt of Appeals for the First Circuit · 2000
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3Cited by26 opinions
- Fisette v. Keller (In Re Fisette)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011
- In Re OkosisiUnited States Bankruptcy Court, D. Nevada · 2011
- In Re JenningsUnited States Bankruptcy Court, N.D. Georgia · 2011
- In Re FairDistrict Court, E.D. Wisconsin · 2011
- Frazier v. REAL TIME RESOLUTIONS, INC.District Court, E.D. California · 2012
21 more not listed; retrieve them via the Exa API.