Mengis intervened in the state court action and later removed the case to bankruptcy court. Western Wire Works, Kroell and the trustee have appealed three rulings: (1) the dismissal of the two consolidated fraudulent transfer actions and (2) the dismissal of the objection to discharge.
I, Jeffry G. Locke (Locke), the Chapter 7 trustee for the estate of Charles Duck (Duck), appeals from the bankruptcy courts' orders granting trustee's fees and costs to Edward M. Walsh (Walsh) and denying trustee's fees and costs to the estate of Duck. Co., 945 F.2d 320, 322 (9th Cir.1991);
Although not identified by the parties, a threshold issue is whether reopening Beeney's case and obtaining an order from the bankruptcy court was necessary to allow Patronite to pursue the state court litigation. The debtor could not have driven his car in the State of New York without insurance.
David Uhley, FBC's representative, and Richard Tisdale, Comark's account executive, understood that the repo transactions would involve government securities and that Comark would hold the securities purchased by FBC in safekeeping. Section 546(e). Loan Assoc. settlement payment .
In re Villa Madrid, 110 B.R.[12], The appellants contend that the bankruptcy court abused its discretion by imposing sanctions against Caldwell because Rule 9011 does not provide for sanctions against a non-party, non-attorney who does not sign the paper in question. 2123, 115 L. Ed. 2d 27 (1991).
1991), before RTC filed its objection to the order and the findings. Unlike a cross collateralization provision or the financing arrangement at issue in Sun Runner, the enhancement fee at issue in this case does not alter Landmark's rights on its prepetition claim.
See Boyd v. Robinson, 741 F.2d 1112, 1115 (8th Cir.1984) (Ross, J., dissenting), majority opinion disapproved by Farrey v. Sanderfoot, ___ U.S. ___, 111 S. Ct., The extent of Seth's interest in the Property when Luba's lien attached is a question of state law. Wanberg, 664 P.2d at 572-73.
, On March 4, 1991, Wheeler filed an ex parte Motion and Order to Show Cause why Hugh Smith/Alexair should not be held in contempt for not providing Wheeler with a breakdown of the costs payable in order to exercise rights of redemption under state law. Federal Rules of Bankruptcy Procedure 9014.
OPINION, MEYERS, Chief Judge:, Chapter 7 Debtors filed a motion for summary judgment seeking a determination that a federal tax lien did not attach to the post-petition inheritance that became property of the estate pursuant to Section 541(a)(5)(A) of the Bankruptcy Code (Code). 423 F.2d at 719.
531 (1992), In re FIRST ALLIANCE CORPORATION, Debtor. The bankruptcy court, applying 11 U.S.C. § 502(b)(6), [1] awarded RBLP one year's rent due under the agreement from the date of the bankruptcy filing, less First Alliance's security deposit and post-petition rent payments.
, In January of 1987, Prewitt, the debtor and others were named as defendants in a state court action relating to the escrows. Prewitt filed this timely appeal from the bankruptcy court's order dismissing the amended complaint and awarding monetary sanctions to the debtor.
, for Harry D. Proudfoot II. Under the rule from Gavia, Proudfoot's plan violated 11 U.S.C. § 1322(b)(2), since, by withholding payments, the plan created defaults which modified Philadelphia Life's rights as a creditor whose only security was the Debtor's principal residence. 904 F.2d at 472.
, for Digesti Peck. However, in the Ninth Circuit, while the lodestar method may be the primary approach used by courts in determining a reasonable attorney fee, it is not the exclusive method. Unsecured Creditors' Committee v. Puget Sound Plywood, Inc., 924 F.2d 955, 960 (9th Cir.1991).
OPINION, ASHLAND, Bankruptcy Judge:, John Luther Johnston appeals an order of the bankruptcy court for conversion from a Chapter 11 bankruptcy case to one under Chapter 7 based on the inability of the debtor to propose an effective plan of reorganization. Johnston counter-sued the purchasers.
945 (1992), In re DEICO ELECTRONICS, INC., Debtor., *946 Anne C. Slater, San Francisco, Cal.OPINION, OLLASON, Bankruptcy Judge:, The bankruptcy court ordered adequate protection payments commencing after the date urged by Appellant Paccom Leasing Corporation (Paccom).
The Board filed a proof of claim for wages due to Cook only. Because Cook did not perform, give or furnish any actual services to the Debtor, the Board's claim for backpay during the postpetition period does not represent actual or necessary costs of preserving the estate.
I, Bruce M. Jewett (Debtor) appeals from the order of the bankruptcy court which terminated and annulled the automatic stay with respect to Mehdi Shabahangi (Appellee). Accordingly, because the deed was recorded after the filing of the bankruptcy petition, the recordation and transfer were void.
ISSUES, Whether the bankruptcy court applied the proper standard requiring the debtor's attorney to demonstrate that her services represented an identifiable, tangible, and material benefit to the estate justifying reasonable compensation under 11 U.S.C. § 330(a). to trustee's interim fee app.
, The language in Energy Resources does not create an exception for a liquidating plan. The bankruptcy court's factual finding that an order of tax payment application was necessary to secure Stoll's participation and, in turn, necessary to Deer Park's reorganization plan was not clearly erroneous.
188 The bankruptcy court ruled that rent payments made within the 90 day period pre-petition were avoidable preferences even though the leases were assumed and the parties to the leases had agreed to the concessions with the understanding that there would be no attempts to recover the payments.
