Legal Opinion

In re Richter

United States Bankruptcy Court, C.D. California

Decided January 20, 2015No. 6:14-BK-10231-SYPublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM DECISION ON RUSTLING OAKS, LLC’S MOTION FOR RELIEF FROM THE AUTOMATIC STAY (UNLAWFUL DE-TAINER)

SCOTT H. YUN, Bankruptcy Judge.

Before the Court is a motion by Rustling Oaks, LLC (“Rustling Oaks”) for relief from the automatic stay to commence an unlawful detainer proceeding against the debtor Michael Lynn Richter (“Debtor”) and evict Debtor from his residence, which Rustling Oaks purchased at a prepetition foreclosure sale. The sale, however, was subject to Debtor’s postsale right of redemption under California law, which is available to the prior owners of real property sold in a…

2Cases cited86 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. Memphis Light, Gas & Water Division v. CraftSupreme Court of the United States · 1978
  4. United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
  5. Johnson v. Home State BankSupreme Court of the United States · 1991

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3Cited by17 opinions

  1. In re PittmanUnited States Bankruptcy Court, E.D. Pennsylvania · 2016
  2. In re GonzalezUnited States Bankruptcy Court, E.D. Pennsylvania · 2016
  3. County of Imperial Treasurer-Tax Collector v. Stadtmueller (In Re RW Meridian LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
  4. In re CurleyUnited States Bankruptcy Court, E.D. Louisiana · 2017
  5. Bryant v. Hamilton County (In re Bryant)United States Bankruptcy Court, E.D. Tennessee · 2016

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