Legal Opinion

Hardin v. Gianni (In Re King Street Investments, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 16, 1998No. BAP No. NC-97-1377-RySmMe, Bankruptcy No. 95-11922PublishedCited by 5 opinions

1Opinion of the Court

OPINION

RYAN, Bankruptcy Judge.

Creditors Tommy and Ann Hardin (“Appellants”), former principals and insiders of King Street Investments, fka Hardin Mortgage and Investment, Inc. (“Debtor”), a now defunct mortgage broker, filed an objection (the “Objection”) to the claims of James and Alice Porsche, Mary Ann Davis, and Louis Gianni (“Appellees”). The Objection is based on Appellees’ acceptance of a deed in lieu of foreclosure (the “Deed”) of a vacant parcel of real property in Lafayette, California (the “Property”), which Appellants contend extinguished any deficiency liability they had -to…

2Cases cited38 opinions

  1. Bernhard v. Bank of America National Trust & Saving AssociationCalifornia Supreme Court · 1942
  2. On Lee v. United StatesSupreme Court of the United States · 1952
  3. Johnson v. United StatesSupreme Court of the United States · 1943
  4. Alliance Mortgage Co. v. RothwellCalifornia Supreme Court · 1995
  5. In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1991

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3Cited by5 opinions

  1. Bank of America Na v. First American Title Insurance CompanyMichigan Supreme Court · 2016
  2. Kolodge v. BoydCalifornia Court of Appeal · 2001
  3. In Re Telegroup, Inc.United States Bankruptcy Court, D. New Jersey · 1999
  4. Presidential Financial Corp. v. Snead (In Re Snead)United States Bankruptcy Court, N.D. Georgia · 1999
  5. In re: John Jean BralUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2020

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