GMAC Mortgage Corp. v. Salisbury (In Re Loloee)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
We confront a backhanded resolution of a lien priority dispute incident to a sale of overencumbered property free and clear of liens. The issue is the legitimacy of the procedure used to assign a junior position to a residential mortgage lender who did not react fast enough to a motion to sell for less than the full amount of liens.
We conclude that due process was denied when a lien priority dispute was resolved in a sale motion without appropriate notice and without an adversary proceeding. Since the sale order was void to the extent that it purported to…
2Cases cited9 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Memphis Light, Gas & Water Division v. CraftSupreme Court of the United States · 1978
- Pavelich v. McCormick, Barstow, Sheppard, Wayte & Carruth LLP (In Re Pavelich)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- In Re Center Wholesale, Inc.Court of Appeals for the Ninth Circuit · 1985
- 15 Collier bankr.cas.2d 1459, Bankr. L. Rep. P 71,522 in Re Golden Plan of California, Inc. State Loan Servicing, Inc. Financial Securities Agency, Inc. Mid-Central California, Inc., Debtors. Jesse Bear v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., Defendant- Al Fox v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., Defendant- Robert Ackerman v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., DefendantCourt of Appeals for the Ninth Circuit · 1987
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3Cited by36 opinions
- Ruvacalba v. Munoz (In Re Munoz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- Garner v. Shier (In Re Garner)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- Beneficial California, Inc. v. Villar (In Re Villar)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
- Brawders v. County of Ventura (In Re Brawders)Court of Appeals for the Ninth Circuit · 2007
- Demos v. Brown (In Re Graves)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
31 more not listed; retrieve them via the Exa API.