DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
053651P.pdf 07/21/2006 Jeffrey L. Miller v. NLVK, LLC, etc.
U.S. Court of Appeals Case No: 05-3651
District of Nebraska
[PUBLISHED] [Melloy, Author, with Murphy and Gruender, Circuit Judges]
Civil case - bankruptcy. District court erred in finding the amount paid
for purchase of the property did not qualify it as a good faith purchase
under 11 U.S.C. Sec. 549(c); while the purchaser bought the property for
the amount of fees owed the homeowners' association, he took the
property subject to the liens on the property, including the existing
mortgage; while the purchaser may not assume the mortgage, the amount
of the mortgage, relative to the claimed value, is a measure of fair
equivalent value; case remanded to permit the district court to reconsider
the question of fair equivalent value.