Robert Tyler v. Ownit Mortgage Loan Trust

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cv-00165-GBL-JFA, 08-12655-BFK,09-01018-BFK. Copies to all parties and the district court/agency. [998908062].. [11-2310]

Appeal: 11-2310

Doc: 23

Filed: 08/02/2012

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-2310

ROBERT O. TYLER,
Trustee - Appellant,
v.
OWNIT MORTGAGE LOAN TRUST, SERIES 2006-3,
Defendant – Appellee,
and
ELIZABETH ANN CARRILLO; FERNANDO ALEX CARRILLO,
Debtors.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:11-cv-00165-GBL-JFA)

Submitted:

June 28, 2012

Decided:

August 2, 2012

Before NIEMEYER, MOTZ, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Richard A. Golden, GOLDEN & GOLDEN, P.C., Fairfax, Virginia, for
Appellant.
Madeline
A.
Trainor,
CYRON
&
MILLER,
LLP,
Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-2310

Doc: 23

Filed: 08/02/2012

Pg: 2 of 2

PER CURIAM:
Robert O. Tyler, the trustee in the underlying Chapter
7 bankruptcy proceeding, appeals from the district court’s order
affirming the bankruptcy court’s orders denying his motion to
set

aside,

pursuant

to

11

U.S.C.

§

544(a)(1)

(2006),

a

conveyance of property via foreclosure that took place prior to
the bankruptcy filing date.

We have reviewed the opinions of

the bankruptcy court and district court and the record included
on appeal, as well as the briefs of the parties, and we find no
reversible

error.

Accordingly,

we

Tyler

affirm.

v.

Ownit

Mortg. Loan Trust, No. 1:11-cv-00165-GBL-JFA (E.D. Va. Oct. 28,
2011).
legal
before

We dispense with oral argument because the facts and
contentions
the

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.

AFFIRMED

2