Legal Opinion

Continental National Bank of Miami v. Sanchez (In Re Toledo)

Court of Appeals for the Eleventh Circuit

Decided April 2, 1999No. 97-5517PublishedCited by 182 opinions

1Opinion of the Court

ANDERSON, Circuit Judge:

Carmen Sanchez filed the instant adversary proceeding against the trustee of the bankruptcy estate (“Estate”) of Orlando and Maria Toledo, the debtors themselves, and the Continental National Bank of Miami (“Bank”). The bankruptcy court invalidated the Bank’s mortgage on real estate owned by a partnership of which the debtors and Sanchez were the partners. The district court affirmed the bankruptcy court, applying the deferential standards of review applicable to “core” proceedings under the Bankruptcy Code. 1 The Bank appeals. The issues presented for review are (i)…

2Cases cited17 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  3. Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
  4. 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
  5. In Re the Guild and Gallery Plus, Inc., Debtor. John B. Torkelsen v. Carmen J. MaggioCourt of Appeals for the Third Circuit · 1996

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3Cited by182 opinions

  1. New York City Employees' Retirement System v. Ebbers (In Re WorldCom, Inc. Securities Litigation)District Court, S.D. New York · 2003
  2. New England Power & Marine, Inc. v. Town of Tyngsborough (In Re Middlesex Power Equipment & Marine, Inc.)Court of Appeals for the First Circuit · 2002
  3. Randall & Blake, Inc. v. Evans (In Re Canion)Court of Appeals for the Fifth Circuit · 1999
  4. Boston Regional Medical Center, Inc. v. Reynolds (In Re Boston Regional Medical Center, Inc.)Court of Appeals for the First Circuit · 2005
  5. In Re: Fernando R. Alvarez, Debtor. Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. v. Fernando R. AlvarezCourt of Appeals for the Eleventh Circuit · 2000

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