Legal Opinion
Trask v. BAC Home Loans Servicing, LP
Bankruptcy Appellate Panel of the First Circuit
Decided December 15, 2011No. BAP No. EB 11-043; Bankruptcy No. 09-11698-LHK; Adversary No. 10-01005-LHKPublishedCited by 9 opinions
1Opinion of the Court
BOROFF, Bankruptcy Judge.
BAC Home Loans Servicing, LP (“BAC”)1 appeals from a judgment of the United States Bankruptcy Court for the District of Maine in favor of Pasquale Per-rino, chapter 7 trustee (the “Trustee”), and against BAC as to their competing interests in certain real estate. BAC asserts an equitable interest in the subject real property arising from a mutual mistake (among BAC’s predecessor in interest and the Debtors, defined below) when the correct property description in a prepetition mortgage now held by BAC was omitted. The bankruptcy court concluded that the Trustee, given…
2Cases cited35 opinions
- Katchen v. LandySupreme Court of the United States · 1966
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- Boylan v. George E. Bumpus, Jr. Construction Co. (In Re George E. Bumpus, Jr. Construction Co.)Bankruptcy Appellate Panel of the First Circuit · 1998
- In Re Thinking MacHines Corporation, Debtor. Thinking MacHines Corporation v. Mellon Financial Services Corporation 1Court of Appeals for the First Circuit · 1995
- Soto-Rios v. Banco Popular De Puerto RicoCourt of Appeals for the First Circuit · 2011
30 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Banco Bilbao Vizcaya Argentaria Puerto Rico v. VázquezBankruptcy Appellate Panel of the First Circuit · 2012
- In Re TraskBankruptcy Appellate Panel of the First Circuit · 2011
- Baldiga v. Golemo (In re Golemo)United States Bankruptcy Court, D. Massachusetts · 2013
- Weiss v. U.S. Bank, N.A. (In re Mularski)United States Bankruptcy Court, D. Massachusetts · 2017
- Agin v. JPMorgan Chase Bank, N.A. (In re Adams)United States Bankruptcy Court, D. Massachusetts · 2011
4 more not listed; retrieve them via the Exa API.