Legal Opinion
Wachovia Bank, N.A. v. Morris
Bankruptcy Appellate Panel of the Tenth Circuit
Decided February 12, 2007No. BAP No. 06-068; Bankruptcy No. 03-11882-7; Adversary Nos. 04-5228, 04-5232PublishedCited by 1 opinion
1Opinion of the Court
TALLMAN, Bankruptcy Judge.
This matter involves a dispute between the Debtors’ Chapter 7 trustee (“Trustee”) and Wachovia Bank, N.A. (“Wachovia”), with respect to rights in the Debtors’ manufactured home.2 Wachovia is the fore*480closing creditor who purchased Debtors’ real property in a foreclosure sale. The Trustee appeals from the bankruptcy court’s judgment denying his Complaint to Avoid and Preserve Unperfected Security Interest and granting Wachovia’s Petition to Quiet Title. The bankruptcy court based its judgment on the doctrine of claim preclusion. Because claim preclusion does not bar…
2Cases cited13 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Kalb v. FeuersteinSupreme Court of the United States · 1940
- In Re Robert J. Young and Donna M. Young, Debtors. Fowler Brothers v. Robert J. Young and Donna M. YoungCourt of Appeals for the Tenth Circuit · 1996
- MACTEC, Inc. v. GorelickCourt of Appeals for the Tenth Circuit · 2005
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3Cited by1 opinion
- In Re ThomasBankruptcy Appellate Panel of the Tenth Circuit · 2007