MATTER OF PINETREE, LTD.

No. 89-4019 Summary Calendar.

876 F.2d 34 (1989)

In the Matter of PINETREE, LTD., Debtor. The MUTUAL BENEFIT LIFE INSURANCE COMPANY, Appellant, v. PINETREE, LTD., Debtor, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 25, 1989.


Attorney(s) appearing for the Case

Mark S. Lieberman, John S. Delnero, Joseph A. Baldi, Rosenthal & Schanfield, Chicago, Ill., for appellant.

Robert Alan Byrd, Robert A. Byrd & Associates, Biloxi, Miss., Walter J. Phillips, Gex, Gex & Phillips, Bay St. Louis, Miss., for appellee.

Before REAVLEY, JONES, and DUHE, Circuit Judges.


EDITH H. JONES, Circuit Judge:

An unfortunate train of circumstances led to this dispute over whether the principal asset of the debtor's estate, a shopping center, is property of the estate within 11 U.S.C. § 541. The bankruptcy court held that an unrecorded deed from an entity related to the debtor was sufficient to place the property within the debtor's estate and to nullify a foreclosure sale carried out by the mortgagee against the related entity, the record...

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