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IN RE BOTERO-PARAMO

No. 11-1886.

In re: OMAR BOTERO-PARAMO, Debtor, BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Plaintiff-Appellant, v. TYSONS FINANCIAL, LLC, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 8, 2012.

Attorney(s) appearing for the Case

ARGUED: Christopher Allan Glaser , JACKSON & CAMPBELL, PC, Washington, D.C., for Appellant.

Gabrielle Marcus Duvall , LINOWES & BLOCHER, LLP, Bethesda, Maryland, for Appellee.

ON BRIEF: David H. Cox , James N. Markels , JACKSON & CAMPBELL, PC, Washington, D.C., for Appellant.

Affirmed by unpublished opinion. Judge Duncan wrote the opinion in which Chief Judge Traxler and Judge King joined.

Unpublished opinions are not binding precedent in this circuit.

DUNCAN, Circuit Judge.

This appeal arises from an adversary proceeding that Sutton Funding, LLC ("Sutton") initiated against Tysons Financial, LLC ("Tysons") on August 17, 2009, during the pendency of Omar Botero-Paramo's bankruptcy. Sutton sought to have the bankruptcy court either declare that its lien against some of Botero-Paramo's property had priority over Tysons's lien or to...

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