Legal Opinion

Thomas v. Federal National Mortgage Ass'n (In Re Thomas)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided May 7, 2012No. BAP No. WO-11-037. Bankruptcy No. 10-17039PublishedCited by 6 opinions

1Opinion of the Court

OPINION

THURMAN, Chief Judge.

Bankruptcy courts have been granted broad powers to administer debtors’ estates. Such power requires careful attention to the statutes and rules that govern bankruptcy proceedings. In this case, the Bankruptcy Court may have correctly ruled on an issue of law. But in the process, one of a myriad of procedural requirements was overlooked. We therefore are compelled to reverse and remand for its consideration of the issue of the Appellee’s standing to seek relief.

I. BACKGROUND

On September 14, 2007, debtor Clarence Thomas (“Debtor”/“Appellant”) executed a promissory…

2Cases cited11 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Veal v. American Home Mortgage Servicing, Inc. (In Re Veal)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  3. Miller v. Deutsche Bank National Trust Co.Court of Appeals for the Tenth Circuit · 2012
  4. Deutsche Bank National Trust v. BrumbaughSupreme Court of Oklahoma · 2012
  5. In Re EscobarUnited States Bankruptcy Court, E.D. New York · 2011

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3Cited by6 opinions

  1. Banco Cooperativo de P.R. v. Herrera (In re Herrera)Bankruptcy Appellate Panel of the First Circuit · 2018
  2. U.S. Bank, N.A. v. Brumfiel (In re Brumfiel)United States Bankruptcy Court, D. Colorado · 2014
  3. In re MurpheyUnited States Bankruptcy Court, D. New Mexico · 2016
  4. In re PresswoodUnited States Bankruptcy Court, S.D. Illinois · 2016
  5. Alton Howell RiddleUnited States Bankruptcy Court, D. New Mexico · 2025

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