Brae Asset Fund, L.P. v. Kelly

Opinion

KEETON, District Judge.

This ease is an appeal under 28 U.S.C. § 158(a) by the creditor-appellant, Brae Asset Fund, L.P., from certain final and interlocutory rulings and a judgment for the-debtor-appellee, Robert P. Kelly, that the bankruptcy court, Queenan, B.J., ordered in the adversary proceeding cited in the caption.

This appeal concerns a “dragnet clause,” or “after-acquired debt clause,” in a residential mortgage and the authority of a bankruptcy court to declare ineffective a foreclosure sale executed by a creditor under the authority of a dragnet clause that the debtor-appellee…