United States First Circuit

In developer's bankruptcy proceeding involving competing claims to the assets of the developer, the bankruptcy court's ruling that the lender's mortgage was senior to the builder's mechanic's lien is affirmed, where: 1) the bankruptcy court did not err in concluding that a New Hampshire statute establishes the seniority of the lender's mortgage over the builder's mechanic's lien to the extent of the payment that the lender disbursed to the builder; and 2) the builder's counterclaims for implied contract, promissory estoppel, and unjust enrichment against the lender fail.

Appellate Information

• Decided 07/18/2013
• Published 07/18/2013

Judges

• KAYATTA

Court

• United States First Circuit

Counsel