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Legal Opinion

Robertson v. Alsberg (In Re Alsberg)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 16, 1993No. BAP Nos. NC-92-2318-JAsO, NC-93-1399-JAsO (cross-appeal). Bankruptcy No. 587-2962PublishedCited by 16 opinions

1Opinion of the Court

OPINION

JONES, Bankruptcy Judge:

FACTS

The debtor, Terry Alsberg, filed a petition under Chapter 11 of the Bankruptcy Code on May 29, 1987. 1 At that time, Alsberg owned and resided in a home at 1225 Prospect Street in Santa Cruz, California (the “Property”) which is the subject of the instant appeal.

In his schedules and statements, Alsberg stated that the Property was worth $285,000. When Alsberg filed bankruptcy, the Property was encumbered by a deed of trust in favor of Coast Savings and Loan Association in the amount of $225,125, and by Internal Revenue Service (“IRS”) and county tax liens…

2Cases cited5 opinions

  1. Owen v. OwenSupreme Court of the United States · 1991
  2. In Re Irwin Hyman Janice Hyman, Debtors. Irwin Hyman Janice Hyman v. Gary A. Plotkin, TrusteeCourt of Appeals for the Ninth Circuit · 1992
  3. Sierra Switchboard Co. v. Westinghouse Electric Corp.Court of Appeals for the Ninth Circuit · 1986
  4. Wade v. State Bar of Arizona (In Re Wade)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  5. Bankr. L. Rep. P 75,362 in Re William Hall Eleanor Hall, Debtors. James Rigby v. William Hall Eleanor HallCourt of Appeals for the Ninth Circuit · 1993

3Cited by16 opinions

  1. Moldo v. Clark (In Re Clark)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
  2. Heintz v. Carey (In Re Heintz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  3. 97 Cal. Daily Op. Serv. 2365, 97 Cal. Daily Op. Serv. 3328, 97 Daily Journal D.A.R. 4238, 97 Daily Journal D.A.R. 5746 in Re Jennifer Biggar, Donna Martinez, Martin Clark, Debtors. Hessinger and Associates v. U.S. TrusteeCourt of Appeals for the Ninth Circuit · 1997
  4. Debra Wilson v. James RigbyCourt of Appeals for the Ninth Circuit · 2018
  5. Matter of SherbahnUnited States Bankruptcy Court, N.D. Indiana · 1994

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