Legal Opinion

Martinelli v. Valley Bank (In Re Martinelli)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 16, 1988No. BAP No. NV-88-1380-ASVR, Bankruptcy No. BK-S 85-00936 RCJ, Adv. No. ADV-S 85-0125PublishedCited by 19 opinions

1Opinion of the Court

OPINION

ASHLAND, Bankruptcy Judge:

Anthony and Linda Martinelli (Martinel-lis) appeal the bankruptcy court’s denial of their motion to set aside a stipulated judgment under Fed.R.Civ.P. 60(b). We affirm.

FACTS

In April 1985, the Martinellis borrowed $13,000 from the Convention Center branch of Valley Bank and executed a promissory note for the same. The loan was originally applied for in February 1985, at the Decatur branch of Valley Bank. The proceeds of the loan were to be used to infuse operating capital into a restaurant that the Martinellis owned. The loan officer at the Decatur Branch…

2Cases cited8 opinions

  1. Alphonso Thompson v. The Housing Authority of the City of Los Angeles, a Public CorporationCourt of Appeals for the Ninth Circuit · 1986
  2. In Re a & C Properties, Debtors. William W. Martin, Superseded by Gilbert Robinson, in Intervention v. William E. Kane, Barbara Kelly, K & K Properties, Inc., and Investors Replacement, Inc., William W. Martin, Objectors-Plaintiffs-Appellants v. Gilbert Robinson, Trustee in Bankruptcy, in InterventionCourt of Appeals for the Ninth Circuit · 1986
  3. Solaroll Shade and Shutter Corp., Inc. v. Bio-Energy Systems, Inc., Broward Solar Center, Inc.Court of Appeals for the Eleventh Circuit · 1986
  4. United States v. Salvatore Cirami, Salvatore Cirami & Margaret CiramiCourt of Appeals for the Second Circuit · 1976
  5. United States v. Billy J. SparksCourt of Appeals for the Ninth Circuit · 1982

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3Cited by19 opinions

  1. Hayhoe v. Cole (In Re Cole)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  2. Saler v. Saler (In Re Saler)United States Bankruptcy Court, E.D. Pennsylvania · 1997
  3. Hasso v. Mozsgai (In Re La Sierra Financial Services, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  4. Alexander v. Bleau (In Re Negrete)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  5. Chilcoat v. Minor (In Re Minor)District Court, D. Colorado · 1990

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