Crowder v. Crowder (In Re Crowder)
United States Bankruptcy Court, D. New Mexico
1Opinion of the Court
MEMORANDUM OPINION
MARK B. McFEELEY, Chief Judge.
THIS MATTER came before the Court upon Defendants’ Motion for Summary Judgment. The issue before the Court is whether 11 U.S.C. § 544(a)(3) operates to allow a debtor-in-possession, with the powers of a trustee, to avoid a transfer of real property by standing in the position of bona fide purchaser when parties who are not the record title holders to property are in possession of the property. There is no dispute as to the facts of this case; the only remaining issues involve questions of law. Having considered the briefs submitted by counsel,…
2Cases cited18 opinions
- State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
- McCannon v. MarstonCourt of Appeals for the Third Circuit · 1982
- State v. NanceNew Mexico Supreme Court · 1966
- State v. Jonathan M.New Mexico Supreme Court · 1990
- Whitely v. New Mexico State Personnel BoardNew Mexico Supreme Court · 1993
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re KeenanUnited States Bankruptcy Court, D. New Mexico · 2007
- AG New Mexico v. Borges (In re Borges)Bankruptcy Appellate Panel of the Tenth Circuit · 2014
- AG New Mexico, FCS, ACA v. Borges (In re Borges)United States Bankruptcy Court, D. New Mexico · 2012
- Soulé v. Gragg (In re Harrison)United States Bankruptcy Court, N.D. Oklahoma · 2013
- Montoya v. Garcia (In Re Garcia)United States Bankruptcy Court, D. New Mexico · 2007
2 more not listed; retrieve them via the Exa API.