Legal Opinion
Connelly v. U.S. Bank National Ass'n ex rel. Benefit of Harborview Mortgage Loan Trust 2005-3 (In re Connelly)
United States Bankruptcy Court, D. Arizona
Decided February 6, 2013No. Nos. 4:09-bk-33553-EWH, 4:12-ap-00100-EWHPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM DECISION RE: DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
EILEEN W. HOLLOWELL, Bankruptcy Judge.
I. INTRODUCTION
David Connelly (“Plaintiff’) filed a complaint to determine the extent and validity of a hen on his residence and to receive additional related relief. U.S. Bank (“Defendant”) filed a motion to dismiss (“the Motion”), asserting that Plaintiff failed to state any claim upon which the Court can grant relief. Because the Motion included a number of exhibits, it is being treated as a motion for summary judgment.
After considering all of the pleadings, briefs, and affidavits submitted…
2Cases cited21 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Warth v. SeldinSupreme Court of the United States · 1975
- First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
- Soremekun v. Thrifty Payless, Inc.Court of Appeals for the Ninth Circuit · 2007
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3Cited by4 opinions
- Wells Fargo Bank, N.A. v. Carssow-FranklinDistrict Court, S.D. New York · 2016
- Tarantola v. Deutsche Bank National Trust Co. (In re Tarantola)United States Bankruptcy Court, D. Arizona · 2013
- In Re: Enrique V. GreenbergDistrict Court, S.D. California · 2021
- Terry Bernard Black and Yolanda Denise BlackUnited States Bankruptcy Court, E.D. Tennessee · 2020