Legal Opinion

Kronemyer v. American Contractors Indemnity Co. (In Re Kronemyer)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided May 27, 2009No. BAP 08-1343-DMkPa; Bankruptcy LA 07-10159 ERPublishedCited by 53 opinions

1Opinion of the Court

DUNN, Bankruptcy Judge.

The bankruptcy court granted relief from the automatic stay to allow an objection to the debtor’s final accounting and a related surcharge request in a state court guardianship proceeding to go forward. The debtor appealed, asserting that the movant, a surety with a contingent claim against the debtor, lacked standing to bring the motion, particularly where the beneficiary of the suretyship failed to file a proof of claim in the bankruptcy case. We AFFIRM. 1

I. FACTS

Appellant, David E. Kronemyer, was the court-appointed guardian of the Estate of Yvonne Leal (“Leal…

2Cases cited15 opinions

  1. In Re Castlerock Properties, Debtor. Piombo Corporation, a California Corporation v. Castlerock Properties, a California Limited PartnershipCourt of Appeals for the Ninth Circuit · 1986
  2. In Re CurtisUnited States Bankruptcy Court, D. Utah · 1984
  3. In Re Comcoach Corporation, Debtor-Appellee, the Roslyn Savings Bank v. Comcoach CorporationCourt of Appeals for the Second Circuit · 1983
  4. Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.)Court of Appeals for the Ninth Circuit · 1990
  5. In Re Michael J. Kissinger, Debtor. Thomas Mataya, Creditor-Appellee v. Michael J. Kissinger, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1995

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3Cited by53 opinions

  1. Veal v. American Home Mortgage Servicing, Inc. (In Re Veal)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  2. Fadel v. DCB United LLC (In Re Fadel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  3. Edwards v. Wells Fargo Bank, N.A. (In Re Edwards)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  4. Cruz v. Stein Strauss Trust 1361 (In Re Cruz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  5. Mission Product Holdings, Inc. v. Schleicher & Stebbins Hotels, L. L.C.Bankruptcy Appellate Panel of the First Circuit · 2019

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