James Rose, III v. Deutsche Bank Trust Company Am

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to reconsider [998491044-2] Originating case number: 7:09-cv-00145-FL,L-08-00080-8-AP Copies to all parties and the district court/agency. [998549260].. [10-1285]

James Rose, III v. Deutsche Bank Trust Company Am

Doc. 0

Case: 10-1285

Document: 45

Date Filed: 03/21/2011

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-1285

In Re:

JAMES A. ROSE, III, Debtor.

---------------------------------ALGERNON LEE BUTLER, III, Trustee in Bankruptcy for James A. Rose, III, Trustee ­ Appellant, v. DEUTSCHE BANK TRUST COMPANY RESIDENTIAL FUNDING COMPANY, LLC, AMERICAS, AS TRUSTEE;

Defendants ­ Appellees, and WILLIAM WALT PETTIT, Defendant.

Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Louise W. Flanagan, Chief District Judge. (7:09-cv-00145-FL; L-08-00080-8-AP)

Submitted:

February 15, 2011

Decided:

March 21, 2011

Before MOTZ, DUNCAN, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Dockets.Justia.com

Case: 10-1285

Document: 45

Date Filed: 03/21/2011

Page: 2

Algernon L. Butler, III, BUTLER & BUTLER, L.L.P., Wilmington, North Carolina, for Appellant. Alan B. Powell, Christopher C. Finan, ROBERSON, HAWORTH & REESE, P.L.L.C., High Point, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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Case: 10-1285

Document: 45

Date Filed: 03/21/2011

Page: 3

PER CURIAM: Algernon L. Butler, III, as trustee in bankruptcy for the estate of James A. Rose, III, appeals from the district court's order affirming the bankruptcy court's order denying the trustee's motion seeking -- to invalidate deed of -- on the basis of a by

typographical

error

the

trust

currently

held

Deutsche Bank Trust Company Americas on certain real property of the estate. The bankruptcy court and the district court held

that a bona fide purchaser would have been on notice as to the error in the deed and, therefore, the trustee may not avoid the lien under 11 U.S.C. § 544(a) (2006). record included on appeal, before the the We have reviewed the briefs, and we and find all no

parties' court

supplemental

materials

reversible error. below.

Accordingly, we affirm for the reasons stated

In re Rose (Butler v. Deutsche Bank Trust Co.), Nos.

7:09-cv-00145-FL; L-08-00080-8-AP (E.D.N.C. July 20, 2009; Feb. 9, 2010). We deny the Appellant's motion for reconsideration of

this court's order entered June 10, 2010, and we dispense with oral argument because in the the facts and legal before contentions the court are and

adequately

presented

materials

argument would not aid the decisional process. AFFIRMED

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