Legal Opinion
Carvalho v. Federal National Mortgage Ass'n
Court of Appeals for the First Circuit
Decided July 9, 2003No. 02-2501PublishedCited by 30 opinions
1Opinion of the Court
SELYA, Circuit Judge.
In this case of first impression at the federal appellate level, we must address the effect of post-confirmation default and consequent relief from the automatic stay on the bifurcated lien of a secured creditor. The creditor claims that, in such circumstances, relief from the automatic stay nullifies the earlier lien-stripping order, mends the bifurcation, and restores the lien on the collateral to its original shape. Both the bankruptcy court and the district court rebuffed this claim. We too reject it: relief from the automatic stay, in and of itself, works no such…
2Cases cited21 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
- T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995
- Carl Kale v. Combined Insurance Company of AmericaCourt of Appeals for the First Circuit · 1991
- Perry v. Commerce Loan Co.Supreme Court of the United States · 1966
- Jamo v. Katahdin Federal Credit UnionCourt of Appeals for the First Circuit · 2002
16 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Spring Creek Exploration & Prod. Co. v. Hess Bakken Inv., II, LLCCourt of Appeals for the Tenth Circuit · 2018
- Siaca v. DCC Operating, Inc.Court of Appeals for the First Circuit · 2007
- In Re Kevin J. Layo. Andrea E. Celli, Trustee-Appellant v. First National Bank of Northern New YorkCourt of Appeals for the First Circuit · 2006
- Abboud v. Ground Round, Inc. (In Re Ground Round, Inc.)Court of Appeals for the First Circuit · 2007
- Carcieri v. NortonCourt of Appeals for the First Circuit · 2005
25 more not listed; retrieve them via the Exa API.