Legal Opinion

Mahakian v. William Maxwell Investments, LLC (In Re Mahakian)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 13, 2015No. BAP NV-14-1115-JuKuD; Bankruptcy 2:10-bk-17568-MKN; Adversary 2:11-ap-01207-MKNPublishedCited by 11 opinions

1Opinion of the Court

OPINION

JURY, Bankruptcy Judge.

Chapter 7 1 debtor, Charles G. Mahakian (Debtor), omitted appellee-creditor William Maxwell Investments, LLC (WMI) from his schedules in what was originally noticed as a no asset case. After Debtor received his § 727 discharge, the chapter 7 trustee (Trustee) filed a notice of assets, a claims bar date was set, and notice was sent to creditors. WMI did not receive notice of the claims bar date and never filed a proof of claim (POC) in this case. WMI foreclosed on the real property which secured the debt guaranteed by Debtor and then filed a lawsuit against Debtor…

2Cases cited14 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  4. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  5. Menk v. Lapaglia (In Re Menk)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999

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3Cited by11 opinions

  1. Leadbetter v. Snyder (In re Snyder)United States Bankruptcy Court, M.D. Florida · 2016
  2. In re MooneyUnited States Bankruptcy Court, D. Idaho · 2015
  3. Fusa Franchisor SPV LLC v. Moda Collision Repair, LLCDistrict Court, S.D. California · 2024
  4. Grantz v. Fashion Show Mall, LLCDistrict Court, D. Nevada · 2022
  5. In re: GUETATCHEW FIKROU, DBA Abet Justice LLC, Non Profit Organization, AKA Gueta Fikrou, AKA Get FikruUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2020

6 more not listed; retrieve them via the Exa API.

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