Legal Opinion
Riley v. Sullivan (Sullivan)
Bankruptcy Appellate Panel of the First Circuit
Decided May 9, 2008No. BAP No. MB 07-057. Bankruptcy No. 05-24337-JBR. Adversary No. 06-01412-JBRPublishedCited by 16 opinions
1Opinion of the Court
VOTOLATO, Bankruptcy Judge.
John E. Sullivan (“Debtor”) seeks review of a judgment of the United States Bankruptcy Court for the District of Massachusetts denying his motion for summary judgment, granting the Chapter 7 Trustee’s motion for summary judgment, and further ordering: (1) that an unrecorded mortgage on the Debtor’s house (the “property”) is avoided; (2) the avoided mortgage is preserved for the benefit of the bankruptcy estate; and (3) the Debt- or’s homestead exemption claim is subordinated to the estate’s interest in the property. For the reasons discussed below, we affirm.
BACKGROU…
2Cases cited14 opinions
- Desmond v. Varrasso (In Re Varrasso)Court of Appeals for the First Circuit · 1994
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995
- In Re Savage Industries, Inc., Debtor. Western Auto Supply Company v. Savage Arms, Inc.Court of Appeals for the First Circuit · 1994
- Boylan v. George E. Bumpus, Jr. Construction Co. (In Re George E. Bumpus, Jr. Construction Co.)Bankruptcy Appellate Panel of the First Circuit · 1998
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Degiacomo v. TraverseCourt of Appeals for the First Circuit · 2014
- Mercado v. Banco Popular De Puerto RicoBankruptcy Appellate Panel of the First Circuit · 2019
- Lassman v. OneWest Bank, FSB (In Re Swift)United States Bankruptcy Court, D. Massachusetts · 2011
- Ostrander v. Andre (In Re Motta)United States Bankruptcy Court, D. Massachusetts · 2010
- Segarra Miranda v. Banco Popular de Puerto RicoCourt of Appeals for the First Circuit · 2021
11 more not listed; retrieve them via the Exa API.