In January 1977, the appellant, Centinela Church of Christ, entered into a written agreement with this appellee to lease the property in question for one year. The lease contained an option to purchase the Inglewood property for $370, 000. The court determined the following, at that time:, 1.
, for appellant., The foregoing reference to an amended judgment was based on debtor/appellee's representation in her brief on appeal to the District Court that, [i]t [the judgment appealed from] therefore does not fully and accurately reflect the judgment of the Court.
, Subsequently, Mr. Finkel defaulted under his lease and went into bankruptcy. In the second of these arguments, the appellant maintains that the true measure of damages for conversion is the loss in the value of the property in question on the date it was converted, not its salvage value, if new.
, United States Bankruptcy Appellate Panels of the Ninth Circuit.OPINION, PER CURIUM:, Heritage Leasing, Inc. and Union Leasing Corporation appeal from orders denying their priority claims for the period between the filing of the Chapter 11 and the date they regained possession of the equipment.
484 (1982), In re Daphne COOPER, Debtor. Daphne did not particularly address the issue of res judicata or collateral estoppel but disputed appellant's interpretation that these Orphans' Court decisions authorized appellants to trace the bank account proceeds into Daphne's bankrupt estate.
, Section 523(a)(9) of Title 11 U.S.C. expressly excepts from discharge any debt that was listed in a prior case in which discharge was waived or denied under certain provisions of § 727 of the present Code or § 14 of the former Act. 3 Collier on Bankruptcy, , The order appealed is affirmed.
, for appellant., The Adkins court stated that there must be finality to the process of lien avoidance and added (at p. 327):, It is not proper for a debtor to sit back and do nothing in protecting his rights, wait for a creditor to take some action and then decide what he wants to do.
, Soon after the filing, CDMC applied to the bankruptcy court for an order compelling the sale of the entire resort, including Mark IV's interest, to a third party joint venture pursuant to 11 U.S.C. § 363(h). Twin Lick Oil Co. v. Marbury, 91 U.S. 587, 588 [23 L. Ed. 328].
, On April 4, 1980, the debtors filed for relief under Chapter 7 of Title 11 of the Bankruptcy Code and, thereafter, filed a complaint to avoid Postal Finance's lien on their household goods and furnishings, as permitted by § 522(f)(2)(A).
, for appellant. The amount of the monthly payment to Central would be increased as the other creditors' claims were satisfied. The court examined the same factors as those examined in the instant case and found that the time within which the debtors proposed to cure the default was reasonable.
, The controlling questions as seen by the Durrett court were (1) whether the trustee's sale constituted a transfer and (2) whether fair equivalent value was paid., As stated earlier, the type of value that satisfied the Bankruptcy Act fraudulent conveyance provision was fair equivalent value.
OPINION, HUGHES, Bankruptcy Judge:, Nevada National Bank appeals from an order conditioning relief from the automatic stay imposed by 11 U.S.C. § 362(a) on withholding action against property owned by officers of the debtor corporation. Reorganization is not even contemplated in Chapter 7.
, The question decided by the trial court in granting the summary judgment was whether or not a creditor, other than a spouse, former spouse, or child, may have a nondischargeable claim against the debtor for alimony or support pursuant to 11 U.S.C. § 523(a)(5). In re Spong, 661 F.2d 6 (2d Cir.
, Two creditors of Robert J. Mason filed an involuntary petition against him on June 30, 1980. Defects in the creditors' petition do not deprive the Bankruptcy Court of subject matter jurisdiction and were waived by the debtor Mason when he failed to answer. 1941), 124 F.2d 123, 127.
, The buy-sell agreement was funded by life insurance. At the July 1979 meeting, Anderson told Caroline that Abe's estate did not have the funds to pay Abe's one-half of the $500, 000 note to the bank and if she would pay Abe's one-half, Tom would pay his one-half. of material facts ...
, As debtor-in-possession in its Chapter 11 case, Gold Coast thereafter sought to set aside the transfer of the rye seed to Beachner., (A) in payment of a debt incurred in the ordinary course of business or financial affairs of the debtor and the transferee; and, in particular, fact c.
, for appellee., If the moving party's papers are sufficient to support the motion for summary judgment, however, the opposing party cannot rest on the allegations in his complaint but must come forward with the evidentiary affidavits. Appellant has failed to put any material fact in issue.
, KATZ, Bankruptcy Judge., Glazer entered Alley's property without her permission and cut off part of a tree. One measure of harm is the decrease in market value and another is the cost of restoration. Heninger makes it clear that the court can treble damages when the tree cutting was malicious.
, United States Bankruptcy Appellate Panels of the Ninth Circuit., The trial court found that Raiser paid Gonzales $34, 451.10 and that Gonzales had diverted $16, 663.18 to other projects and failed to pay Pacific Ready Mix, a materialman, and Donald Peckman, a laborer, on the two Raiser projects.
, Rockefeller appeals from a judgment of the Bankruptcy Court in favor of Sonoma V. Aside from Rockefeller's claim to pre-judgment interest on amounts Sonoma owed on the building shell and site work contracts, the issues in the instant appeal involve the tenant improvement contract.
