Legal Opinion

In Re Bass

United States Bankruptcy Court, D. New Mexico

Decided November 2, 1984No. 19-10375PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION

MARK B. McFEELEY, Bankruptcy Judge.

This matter came before the Court on the motion of First Interstate Bank to lift the automatic stay. The issue in the case is whether the mortgage on the residence of Mr. and Mrs. Bass, executed to First Interstate Bank, can be extended to provide security for a pre-existing business debt and a subsequent business debt by virtue of a dragnet clause and future advance clause in that mortgage.

Mr. and Mrs. Bass own the majority of stock in C.A.T. Distributors, Inc., (C.A.T.) a New Mexico corporation which is also in bankruptcy. On November 17,…

2Cases cited5 opinions

  1. Sonia Uransky, as Trustee in Bankruptcy of Dean Barnard v. First Federal Savings & Loan Association of Fort MyersCourt of Appeals for the First Circuit · 1982
  2. Whitlock v. Max Goodman & Sons Realty, Inc. (In Re Goodman Industries, Inc.)United States Bankruptcy Court, D. Massachusetts · 1982
  3. New Mexico Bank & Trust Co. v. Lucas Bros.New Mexico Supreme Court · 1978
  4. Federal Deposit Insurance v. Peterson (In Re Peterson)United States Bankruptcy Court, M.D. Florida · 1983
  5. In Re DavisUnited States Bankruptcy Court, D. New Mexico · 1984

3Cited by8 opinions

  1. Pioneer Savings & Trust, F.A. v. RueNew Mexico Supreme Court · 1989
  2. In Re ShapiroUnited States Bankruptcy Court, E.D. Pennsylvania · 1990
  3. In Re PhillipsUnited States Bankruptcy Court, W.D. Missouri · 1993
  4. Western Farm Credit Bank v. Auza (In Re Auza)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  5. Ruidoso State Bank v. CastleNew Mexico Supreme Court · 1986

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