Legal Opinion

Waldron v. Northwest Acceptance Corp. (In Re Johnson)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided June 17, 1986No. BAP No. WW 85-1098 EAbM, Bankruptcy Nos. 83-1406T, 83-1407T, Adv. No. A 83-0457PublishedCited by 32 opinions

1Opinion of the Court

ELLIOTT, Bankruptcy Judge:

The bankruptcy trustee appeals from a decision that awards a portion of certain rents and profits to a trust deed holder according to the entry date of an order granting relief from stay to foreclose. The rents and profits at issue were collected by the trustee from the debtors’ filing in bankruptcy through entry of an order of foreclosure. We reverse and remand for the bankruptcy court to enter an order awarding all such rents and profits to the trustee.

FACTS

Appellee, Northwest Acceptance Corporation (“Northwest”) is the beneficiary under a recorded deed of trust…

2Cases cited13 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
  3. In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
  4. Wolters Village, Ltd. v. Village Properties, Ltd.Court of Appeals for the Fifth Circuit · 1984
  5. Norman P. Calhoun, and Viola E. Calhoun v. United StatesCourt of Appeals for the Ninth Circuit · 1981

8 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. In Re Prichard Plaza Associates Ltd. PartnershipUnited States Bankruptcy Court, D. Massachusetts · 1988
  3. In Re Park at Dash Point L.P.United States Bankruptcy Court, W.D. Washington · 1990
  4. Pederson v. Stedman (In Re Pederson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
  5. In Re Multi-Group III Ltd. PartnershipUnited States Bankruptcy Court, D. Arizona · 1989

27 more not listed; retrieve them via the Exa API.

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