United States Fifth Circuit

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IN THE MATTER OF CUEVA, 03-20608

The foreclosure sale of property subject to an automatic stay was invalid; the putative purchaser was not entitled to possession or ownership of the property, and his one-half interest was properly awarded to the debtor.

Appellate Information

  • Decided 05/19/2004
  • Published 05/19/2004

Judges

  • DeMOSS, Circuit Judge:, Before REAVLEY, DAVIS and DeMOSS, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Richard Lucas Petronella (argued), Petronella & Yarborough, Houston, TX, for Bustamante., Jeffrey Wells Oppel (argued), Oppel, Goldberg & Saenz, Houston, TX, for Cueva., C. Ed Harrell (argued), Hughes, Watters & Askanase, Houston, TX, for Ocwen Federal Bank, FSB, Norwest Bank Minnesota and Amresco Residential Securities Mortg. Loan Trust 1998-3., Charles Bennett Mitchell, Jr., Billy R. McGill (argued), Brown, Herman, Dean, Wiseman, Liser & Hart, Fort Worth, TX, for Settle & Pou Professional Corp.