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IN RE CUEVA

No. 03-20608.

371 F.3d 232 (2004)

In the Matter of: Jose D. CUEVA, Debtor. Vincent Bustamante, Appellant-Cross-Appellee, v. Jose D. Cueva; et al., Jose D. Cueva; Ocwen Federal Bank, FSB; Norwest Bank Minnesota, Individually and as Trustee for the Amresco Residential Securities Mortgage Loan Trust 1998-3; Amresco Residential Securities Mortgage Loan Trust 1998-3, Appellees, Settle & Pou Professional Corporation, Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 14, 2004.

Attorney(s) appearing for the Case

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.

Before REAVLEY, DAVIS and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

This is an appeal of the district court's reversing in part, affirming in part, and remanding the case back to the bankruptcy court. There was a foreclosure sale of property owned by Cueva that was part of a bankruptcy proceeding and therefore subject to an automatic stay pursuant to 11 U.S.C. § 362. Bustamante purchased a one-half interest in that property at a foreclosure sale and then subsequently purchased the other one-half interest...

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