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IN RE: Kehinde Adeyemi ELEBUTE, Debtor Kehinde Adeyemi Elebute, Appellant v. Village Capital & Investment, L.L.C., Appellee
In his bankruptcy proceeding, Kehinde Adeyemi Elebute brought an adversary proceeding alleging wrongful foreclosure against Village Capital. The bankruptcy court granted summary judgment against Elebute. Several months later, Elebute sought to vacate the judgment under Federal Rule of Civil Procedure 60(b)(1). Elebute argued that the bankruptcy court had mistakenly relied on an unsigned sales contract in granting summary judgment. The bankruptcy court denied that motion, and the district court affirmed that denial. Seeing no abuse of discretion in the bankruptcy court’s refusal to reopen the case, we also AFFIRM its denial of Rule 60(b)(1) relief.
FOOTNOTES
PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
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Docket No: No. 19-20326
Decided: February 28, 2020
Court: United States Court of Appeals, Fifth Circuit.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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