Legal Opinion

Nghiem v. Ghazvini (In Re Nghiem)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 10, 2001No. BAP No. NC-00-1580-PKMa. Bankruptcy No 99-56010-JRG. Adversary No. 99-5429-JRGPublishedCited by 5 opinions

1Opinion of the Court

OPINION

PERRIS, Bankruptcy Judge.

Debtor filed an adversary proceeding seeking to set aside the foreclosure sale of his residence and damages arising out of the creditor’s actions connected with the foreclosure. The primary issue is whether a lender must give new notice of a foreclosure sale after a bankruptcy case is dismissed, where a properly noticed sale that was pending at the time the bankruptcy petition was filed was continued in accordance with state law during the pendency of the bankruptcy case. The bankruptcy court held that new notice was not required. We agree that neither…

2Cases cited16 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Jacqueline R. Harrell Michael Harrell v. 20th Century Insurance Company, and Bradley ScottCourt of Appeals for the Ninth Circuit · 1991
  3. In Re De Laurentiis Entertainment Group Inc., a Delaware Corporation, Debtor. Carolco Television Inc. v. National Broadcasting Co.Court of Appeals for the Ninth Circuit · 1992
  4. Woodworking Enterprises, Inc. v. Baird (In Re Baird)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  5. Ellis v. Parr (In Re Ellis )United States Bankruptcy Appellate Panel for the Ninth Circuit · 1985

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3Cited by5 opinions

  1. Fjeldsted v. Lien (In Re Fjeldsted)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  2. Simpson v. Burkart (In Re Simpson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  3. Sticka v. Casserino (In Re Casserino)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  4. Farmer v. Alaska USA Title Agency, Inc.Alaska Supreme Court · 2014
  5. Mark Thomas v. Joseph P. Casteel TrustAlaska Supreme Court · 2021

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