Legal Opinion
Shamus Holdings, LLC v. LBM Financial, LLC (In Re Shamus Holdings, LLC)
Court of Appeals for the First Circuit
Decided June 9, 2011No. 10-2216PublishedCited by 13 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This bankruptcy appeal stands at the intersection of state and federal law. The issue presented concerns the interplay between a state statute placing temporal limitations on the enforcement of stale mortgages and the automatic stay provisions of the Bankruptcy Code. The bankruptcy court ruled that the mortgagee’s unqualified right to extend the limitations period by performing an essentially ministerial act (recording of an extension) rendered the tolling provision associated with the automatic stay inapposite and the mortgage obsolete. Shamus Holdings, LLC v. LBM Fin.,…
2Cases cited19 opinions
- Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
- Ruiz v. Bally Total Fitness Holding Corp.Court of Appeals for the First Circuit · 2007
- Jinks v. Richland CountySupreme Court of the United States · 2003
- Boivin v. BlackCourt of Appeals for the First Circuit · 2000
- Sullivan v. Town of BrooklineMassachusetts Supreme Judicial Court · 2001
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3Cited by13 opinions
- Charbono v. Sumski (In Re Charbono)Court of Appeals for the First Circuit · 2015
- In Re American Cartage, Inc.Court of Appeals for the First Circuit · 2011
- City Sanitation, LLC v. Allied Waste Services of Massachusetts, LLCCourt of Appeals for the First Circuit · 2011
- Tyler v. Michaels Stores, Inc.District Court, D. Massachusetts · 2012
- Bullard v. Hyde Park Savings BankBankruptcy Appellate Panel of the First Circuit · 2013
8 more not listed; retrieve them via the Exa API.