Legal Opinion

New Asset Subsidiary, L.L.C. v. Zelms (In re BFA Liquidation Trust)

District Court, D. Arizona

Decided September 27, 2005No. CIV 04-0406-PHX-EHCPublishedCited by 2 opinions

1Opinion of the Court

ORDER

CARROLL, District Judge.

Plaintiffs/Appellees (“Appellees”) filed an Appeal of the Bankruptcy Court’s grant of summary judgment for the Defendant/Appellant (“Appellant”) on count one of Appellees’s Second Amended Complaint, which alleged breach of contract. [Dkt. 1]. The Appeal is fully briefed.

The Appeal turns on whether an offer to release individual lots in a subdivision from a deed of trust on the entire subdivision for payment of $12,500 for each lot released is enforceable against Appellant.

Background

William Blair (“Blair”) managed a real estate development company known as Desert…

2Cases cited21 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Demasse v. ITT Corp.Arizona Supreme Court · 1999
  3. In Re Bakersfield Westar Ambulance, Inc., Debtor. Randell Parker v. Community First BankCourt of Appeals for the First Circuit · 1997
  4. In Re Gilbert John Marino, Debtor. Placer Savings and Loan Association v. Edward M. Walsh, as Trustee in Bankruptcy of Gilbert John MarinoCourt of Appeals for the Ninth Circuit · 1987
  5. Vawter v. CraftsSupreme Court of Minnesota · 1889

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3Cited by2 opinions

  1. WICHANSKY v. CALLAGYDistrict Court, D. New Jersey · 2024
  2. Wichansky v. CallagyDistrict Court, D. Arizona · 2024

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