Legal Opinion
In Re Ceresa Annette Rothery, Debtor. Larry Cunningham v. Ceresa Rothery
Court of Appeals for the Ninth Circuit
Decided May 6, 1998No. 97-56151PublishedCited by 39 opinions
1Opinion of the Court
FARRIS, Circuit Judge.
The Bankruptcy Appellate Panel reversed in part an order of the Bankruptcy Court granting relief for creditor Larry Cunningham against debtor Ceresa Rothery. The BAP affirmed the ruling that Rothery’s motion to dismiss Cunningham’s Chapter 7 petition was properly converted into a motion for summary judgement, but held that partial summary judgement on the number of creditors issue should not have been granted sua sponte, since Rothery did not have adequate notice and opportunity to respond. We reverse and reinstate the order for relief.
BACKGROUND
Larry Cunningham obtained…
2Cases cited7 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Henry G. Mack v. South Bay Beer Distributors, Inc., Dba Bay Beer Distributors, a California CorporationCourt of Appeals for the Ninth Circuit · 1986
- Cool Fuel, Incorporated v. William H. Connett, Etc.Court of Appeals for the Ninth Circuit · 1982
- Portland Retail Druggists Association, Etc. v. Kaiser Foundation Health PlanCourt of Appeals for the Ninth Circuit · 1981
- United States v. John N. Grayson Dorothy L. GraysonCourt of Appeals for the Ninth Circuit · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- United States v. 14.02 Acres of Land More or Less in Fresno CountyCourt of Appeals for the Ninth Circuit · 2008
- Gertsch v. Johnson & Johnson, Finance Corp. (In Re Gertsch)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- Collier v. City of ChicopeeCourt of Appeals for the First Circuit · 1998
- Fernandez v. GE Capital Mortgage Services, Inc. (In Re Fernandez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- United States v. 14.02 Acres of Land More or LessCourt of Appeals for the Ninth Circuit · 2008
34 more not listed; retrieve them via the Exa API.