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Opinion 177

Case Name: 

The Lockhart Co. v. Hansen (In re Hansen)

Judge: 
Judge Clark
Date: 
Feb-26-1986
Case Number(s): 
83PC-0010
Status: 

UNPUBLISHED

Body: 

The court considered several claims to real property asserted by the debtors/record owners, the occupier/improver, and debtors' lender/holder of a trust deed. In the course of untangling the parties' interests, the court considered the impacts of the statute of frauds and its exception for part performance, ratification, good faith purchase for value, Utah's race-notice recording act, constructive/inquiry notice, and fraud under 11 U.S.C. § 523(a). Ultimately, the court concluded that a state court judgment in favor of occupiers made their claim to the property superior to both debtors and lender, but that lender's claim against debtor met the standard for a non-dischargeable debt under § 523(a)(2)(B).

Internal Ref: 
Opinion 177
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