Logourl black
From our private database of 14,000+ case briefs...

In re Mesa

United States Bankruptcy Court for the Southern District of Florida
232 B.R. 508 (1999)


Facts

Alberto Mesa (defendant) and Keith McKay purchased a residence in June 1996 as tenants in common. The home was purchased for $215,000, and Mesa testified that the present market value of the home was $250,000. The home was subject to first and second mortgages from NationsBank of $157,000 and $67,649.55, respectively. The second mortgage was intended to finance home improvements, but it was actually used to fund a new business started by McKay after McKay lost his job with Travelers Indemnity Company (Travelers) (plaintiff). Significant renovations were completed on the home, including remodeling of bathrooms, the kitchen, and garage. These renovations were funded with checks that McKay fraudulently caused to be issued from Travelers. Mesa was issued 17 checks totaling $147,977.70, Mesa’s mother was issued four checks totaling $35,528.15, and construction contractors and suppliers were issued checks totaling $194,909.76. All of the money received from these fraudulently issued checks was used to fund the renovations of the home. Mesa filed for bankruptcy and sought to exempt his interest in the residence from the bankruptcy estate pursuant to the homestead exemption under the Florida Constitution. Travelers filed an objection to this claimed homestead exemption. Mesa claimed that McKay stated that the checks were drawn on McKay’s retirement account.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Ray, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 175,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.