Legal Opinion
In Re Kay Lorraine Lewis, Debtor. Superior Bank, Fsb v. James W. Boyd, Chapter 7 Bankruptcy Trustee
Court of Appeals for the Sixth Circuit
Decided February 16, 2005No. 02-2330PublishedCited by 79 opinions
1Opinion of the Court
GUY, delivered the opinion of the court, in which SUTTON, J., joined. CARR, C.J., (pp. 748-51), delivered a separate concurring opinion.
OPINION
RALPH B. GUY, JR., Circuit Judge.
Defendant, Superior Bank FSB (Superi- or Bank), appeals from the grant of summary judgment in favor of the trustee, James W. Boyd, avoiding Superior Bank’s mortgage on the debtor’s real property as a preferential transfer pursuant to 11 U.S.C. § 547. Superior Bank argued that its mortgage was equitably subrogated to a prior recorded mortgage. After the appeal was filed in this Court, Superior Bank challenged the subject…
2Cases cited29 opinions
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- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Kaiser Aluminum & Chemical Corp. v. BonjornoSupreme Court of the United States · 1990
- Clyde C. Freeman and Nancy F. Freeman v. Federal Deposit Insurance Corporation, as Receiver for Madison National BankCourt of Appeals for the D.C. Circuit · 1995
- National Union Fire Insurance Company of Pittsburgh, Pa v. City SavingsCourt of Appeals for the Third Circuit · 1994
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3Cited by79 opinions
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- Village of Oakwood v. State Bank and Trust Co.Court of Appeals for the Sixth Circuit · 2008
- Chase Manhattan Mortgage Corp. v. Shapiro (In Re Lee)Court of Appeals for the Sixth Circuit · 2008
- Federal Insurance Company v. The Hartford Steam Boiler Inspection And Insurance CompanyCourt of Appeals for the Sixth Circuit · 2005
- Valinski v. Detroit EdisonCourt of Appeals for the Sixth Circuit · 2006
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