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IN RE MOULTONBOROUGH HOTEL GROUP, LLC

No. 12-2182.

726 F.3d 1 (2013)

In re MOULTONBOROUGH HOTEL GROUP, LLC, Debtor. Rok Builders, LLC, Appellant, v. 2010-1 SFG Venture LLC, Appellee.

United States Court of Appeals, First Circuit.

July 18, 2013.

Attorney(s) appearing for the Case

William S. Gannon , for appellant.

Gary D. Ticoll , with whom Paul T. Martin , Greenberg Traurig, LLP, Edmond J. Ford , and Ford & Associates, P.A., were on brief for appellee.

Before TORRUELLA, THOMPSON and KAYATTA, Circuit Judges.

KAYATTA, Circuit Judge.

This appeal presents two competing claims to the assets of the bankrupt Moultonborough Hotel Group, LLC. Appellant ROK Builders, LLC constructed a hotel for Moultonborough and has a mechanic's lien on the property. Appellee 2010-1 SFG Venture, LLC, is the assignee of the construction lender and has a mortgage on the hotel. When Moultonborough filed for bankruptcy, SFG sought a declaration that its mortgage was senior to ROK's lien to the extent...

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