Legal Opinion
AG New Mexico v. Borges (In re Borges)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided April 8, 2014No. BAP Nos. NM-13-005, NM-13-011, NM-13-006, NM-13-012, NM-13-007, NM-13-013; Bankruptcy No. 10-12800; Adversary Nos. 10-01170, 11-01012, 11-01105PublishedCited by 10 opinions
1Opinion of the Court
SOMERS, Bankruptcy Judge.
This group of consolidated appeals stems from a removed foreclosure action of a dairy in New Mexico. Embedded in them are three main issues: 1) whether a lien allegedly granted by a corrected mortgage that was not signed by the debtors can be avoided under 11 U.S.C. § 544;1 2) whether a lien on water rights was properly perfected under New Mexico law; and 3) whether the lender acted reasonably in enforcing the cross-collateral provision and insisting it receive all the proceeds from the proposed sale. After thoroughly reviewing the extensive record and considering the…
2Cases cited47 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Singleton v. WulffSupreme Court of the United States · 1976
- United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
- Catlin v. United StatesSupreme Court of the United States · 1945
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3Cited by10 opinions
- President & Fellows of Harvard College v. ElmoreDistrict Court, D. New Mexico · 2016
- In re Aquatic Pools, Inc.United States Bankruptcy Court, D. New Mexico · 2017
- Bear Communications, LLCUnited States Bankruptcy Court, D. Kansas · 2021
- Hammon v. Farmers Insurance Company of ArizonaDistrict Court, D. New Mexico · 2023
- J. Bird v. Lynn WardleyBankruptcy Appellate Panel of the Tenth Circuit · 2024
5 more not listed; retrieve them via the Exa API.