Legal Opinion
Arnold v. First Citizens National Bank (In re Cornerstone Homes, Inc.)
United States Bankruptcy Court, W.D. New York
Decided December 23, 2015No. Bankruptcy Case No. 13-21103-PRW; Adversary Proceeding No. 15-2030-PRWPublishedCited by 4 opinions
1Opinion of the Court
DECISION AND ORDER DENYING THE CHAPTER 11 TRUSTEE’S MOTION FOR SUMMARY JUDGMENT, GRANTING THE DEFENDANTS’ CROSS-MOTIONS FOR SUMMARY JUDGMENT AND DISMISSING THE COMPLAINT
PAUL R. WARREN, United States Bankruptcy Judge
The Chapter 11 Trustee (“Trustee”) has moved for summary judgment in this adversary proceeding. The Trustee requests entry of a declaratory judgment on each of the five counts in the complaint, determining that each of the consolidated notes and mortgages (“Consolidated Notes and Mortgages”) held by First Citizens National Bank (“First Citizens”), Community Preservation Corporation…
2Cases cited28 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- 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
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Butner v. United StatesSupreme Court of the United States · 1979
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3Cited by4 opinions
- Arnold v. First Citizens National Bank (In re Cornerstone Homes, Inc.)United States Bankruptcy Court, W.D. New York · 2017
- Arnold v. First Citizens National BankDistrict Court, W.D. New York · 2016
- Michael H. Arnold v. First Citizens National BankCourt of Appeals for the Second Circuit · 2017
- Wilmington Savings Fund Society, FSBDistrict Court, E.D. New York · 2023