Citicorp Mortgage, Inc. v. Brooks (In Re Ex-Cel Concrete Co.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that because notice to Citicorp was defective, the court lacked personal jurisdiction over Citicorp and therefore could not authorize a sale free and clear of Citicorp’s lien
• voiding sale free and clear of lien-holder’s lien because “lack of any notice to [lienholder] constituted constitutional lack of due process which could not confer in personam jurisdiction on the bankruptcy court to adjudicate [lienholder’s] property rights”
• “lack of any notice ... was a jurisdictional defect sufficient to result in a void order”
• discussing notice requirements of due process and § 363(b)(1)

Source: CourtListener parenthetical corpus (CC0).