IN RE UTE MESA LOT 1, LLC

No. 12-1134.

736 F.3d 947 (2013)

In re UTE MESA LOT 1, LLC, a Colorado limited liability company, Debtor, UTE Mesa Lot 1, LLC, Plaintiff-Appellant, v. First-Citizens Bank & Trust Company; United Western Bank, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 25, 2013.


Attorney(s) appearing for the Case

Duncan E, Barber , ( Julie Trent and Steven T. Mulligan of Bieging, Shapiro & Barber, L.L.P., on the briefs), Denver, CO, for Plaintiff-Appellant.

Craig A. Christensen of Lindquist & Vennum, P.L.L.P., Denver, CO, for Defendants-Appellees.

Before KELLY, LUCERO, and MATHESON, Circuit Judges.


KELLY, Circuit Judge.

Plaintiff-Appellant Ute Mesa Lot 1, LLC, ("Ute Mesa") appeals from a bankruptcy court order denying it relief under 11 U.S.C. § 547(b). The narrow issue is whether a notice of lis pendens filed in Colorado can constitute a preferential transfer under 11 U.S.C. § 547(b). Both the bankruptcy and district courts held that a lis pendens is not a transfer because it merely serves as notice of pending...

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