Legal Opinion
In Re Hathaway
United States Bankruptcy Court, W.D. Washington
Decided March 24, 2009No. 18-14746PublishedCited by 4 opinions
1Opinion of the Court
DECISION AND ORDER ON MOTION TO DETERMINE STATUS OF SECURITY DEPOSIT
PHILIP H. BRANDT, Bankruptcy Judge.
Before the court is the Motion to Determine Status of [Debtor] Marlin Hathaway’s Security Deposit (docket no. 31), (“Motion”). Having set the cure amount in the order approving assumption and assignment of the lease, I conclude that claim preclusion is available and should be applied; the result is that nobody wins in this round.
I. FACTS
Debtor Marlin Hathaway and his limited liability company, Asteroid Café LLC (“LLC”), were joint tenants under a retail lease for real property located in…
2Cases cited21 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Arizona v. CaliforniaSupreme Court of the United States · 2000
- Robi v. Five Platters, Inc.Court of Appeals for the Ninth Circuit · 1988
- Winget v. JP Morgan Chase Bank, N.A.Court of Appeals for the Sixth Circuit · 2008
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3Cited by4 opinions
- Arriva Pharmaceuticals, Inc. v. Lezdey (In Re Arriva Pharmaceuticals, Inc.)United States Bankruptcy Court, N.D. California · 2011
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- In re: Hawkeye Entertainment, LLC v. SSM Capital Investments, LLC; SSM Capital Investments IV, LLC; Smicha R. T. Clasing, LLCUnited States Bankruptcy Court, C.D. California · 2026
- Pinnacle Foods of California LLCUnited States Bankruptcy Court, E.D. California · 2024