Legal Opinion
McGarey v. MidFirst Bank
District Court, D. Arizona
Decided March 31, 2015No. 2:14-cv-1979-HRH; Bankruptcy No. 2:13-bk-15074-BKMPublishedCited by 3 opinions
1Opinion of the Court
ORDER
H. RUSSEL HOLLAND, District Judge.
Appellants appeal the bankruptcy court’s order denying their motion to disallow MidFirst Bank’s § 1111(b) election. Oral argument was requested and has been heard.
Background
On October 25, 2010, appellee MidFirst Bank obtained a judgment against appellants Robert B. McGarey and Ames S. McGarey (herein referred to as the “debtors”) from the Superior Court of Arizona, Maricopa County, in the amount of $2,335,638.44. The judgment was recorded on November 17, 2010, thereby creating a judgment lien. Under Arizona law, Mid-First’s judgment lien attached to all…
2Cases cited10 opinions
- Mano-Y & M, Ltd. v. Field (In Re Mortgage Store, Inc.)Court of Appeals for the Ninth Circuit · 2014
- First Federal Bank of California v. Weinstein (In Re Weinstein)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- Great Western Bank the Bank of America, Creditors-Appellees v. Sierra Woods Group, a California Limited Partnership, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1992
- In Re Douglas E. Miller, Debtor. Bonnie G. Snavely v. Douglas E. Miller, Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 2005
- In Re Charles R. TUMA and Jolene L. Tuma, Debtors. Charles R. TUMA and Jolene L. Tuma, Appellants, v. FIRSTMARK LEASING CORPORATION, AppelleeCourt of Appeals for the First Circuit · 1990
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