First Circuit· 8/20/2001

Spenlinhauer v. O'Donnell

Citations

261 F.3d 113
266 B.R. 113
46 Collier Bankr. Cas. 2d 1215
2001 U.S. App. LEXIS 18743
38 Bankr. Ct. Dec. (CRR) 86
2001 WL 929889

How courts have described this case

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

noting that the \'person aggrieved' determination . . . entails a factual inquiry which we review only for clear error\
concluding mortgagor lacked standing to challenge a power of attorney that failed to reference the mortgaged property because the defect amounted to a voidable issue only
standing to appeal from bankruptcy court order requires showing that challenged order directly and adversely affects appellant’s pecuniary interests
“[P]rovided the appellate record discloses the requisite facts, we may address the matter without remanding.”
“[T]he bankruptcy or district courts must make the required ‘person aggrieved’ determination in the first instance. But where, as here, the lower court has not undertaken the required ‘standing’ inquiry, we must do so, ab initio”
burden is on appealing debtor

Source: CourtListener parenthetical corpus (CC0).

Judges: Boudin, Cyr, Lipez

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Cited by

59 cases in this archive cite this case; the 20 most cited are listed.

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

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