Legal Opinion
Ostrander v. Andre (Motta)
Bankruptcy Appellate Panel of the First Circuit
Decided August 10, 2010No. BAP No. MS 10-006; Bankruptcy No. 08-31361-HJB; Adversary No. 08-03041-HJBPublishedCited by 2 opinions
1Per curiam
David W. Ostrander, Chapter 7 Trustee (the “Trustee”), appeals from a bankruptcy court order (the “Order”) denying his motion for summary judgment on his complaint seeking to avoid a lien on the residence of Daniel and Annelee Motta (the “Debtors”) held by Antonio and Phyllis Andre (the “Andres”), and granting summary judgment, sua sponte, in favor of the Andres. The bankruptcy court’s decision turned on its conclusion that a prior mortgage remained effective against a new note that was related to the prior debt. For the reasons set forth below, we AFFIRM.
JURISDICTION
A bankruptcy appellate…
2Cases cited25 opinions
- Borges Ex Rel. SMBW v. Serrano-IsernCourt of Appeals for the First Circuit · 2010
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- Meuser v. Federal Express Corp.Court of Appeals for the First Circuit · 2009
- Rijos v. Banco Bilbao Vizcaya (In Re Rijos)Bankruptcy Appellate Panel of the First Circuit · 2001
- Jardines Bacata, Limited v. Aniceto Diaz-MarquezCourt of Appeals for the First Circuit · 1989
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3Cited by2 opinions
- Harvard 45 Associates, LLC v. Allied Properties & Mortgages, Inc.Massachusetts Appeals Court · 2011
- In Re MottaBankruptcy Appellate Panel of the First Circuit · 2010