Legal Opinion

Golden Mortgage Fund 14 v. Kennedy (In Re Golden Triangle Capital, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 28, 1994No. BAP No. SC-92-1545-AsVO. Bankruptcy No. 91-05063-H7. Adv. No. 91-90441-H7PublishedCited by 21 opinions

1Opinion of the Court

OPINION

VOLINN, Bankruptcy Judge:

A lender allegedly presented a cheek to the debtor for the purpose of transferring the funds to the lender’s borrower. Prior to consummation of the transfer, the debtor’s bank accounts were seized and the debtor was placed in receivership. The lender appeals a summary judgment of the bankruptcy court that the funds became property of the estate.

FACTS AND PROCEEDINGS BELOW

The debtor, Golden Triangle Capital, Inc. (Triangle), performed various real estate transaction functions. In the instant case, Triangle was to act as a loan servicing agent for a loan…

2Cases cited18 opinions

  1. In Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee v. Theodore P. BozekCourt of Appeals for the Ninth Circuit · 1988
  2. In Re Irwin Hyman Janice Hyman, Debtors. Irwin Hyman Janice Hyman v. Gary A. Plotkin, TrusteeCourt of Appeals for the Ninth Circuit · 1992
  3. In Re North American Coin & Currency, Ltd.Court of Appeals for the Ninth Circuit · 1985
  4. 13 Collier bankr.cas.2d 1400, Bankr. L. Rep. P 70,902 in Re Lewis W. Shurtleff, Inc. And Frontier Properties, Inc., Debtors. Thomas D. Elliott, Trustee v. Frontier Properties/lp 102/meadow Glen Arms/79Court of Appeals for the Ninth Circuit · 1986
  5. In Re Earl William Teichman, Debtor. Barbara F. Teichman, Cross-Appellant v. Earl William Teichman, Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1985

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3Cited by21 opinions

  1. Lonely Maiden Productions v. Goldentree Asset ManagementCalifornia Court of Appeal · 2011
  2. Taylor Associates v. Diamant (In Re Advent Management Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  3. Mullins v. Burtch (In Re Paul J. Paradise & Associates, Inc.)District Court, D. Delaware · 2000
  4. Siegel v. Boston (In Re Sale Guaranty Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  5. CRS Steam, Inc. v. Engineering Resources, Inc. (In Re CRS Steam, Inc.)United States Bankruptcy Court, D. Massachusetts · 1998

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