Legal Opinion

Hassen Imports Partnership v. KWP Financial VI (In Re Hassen Imports Partnership)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 21, 2000No. BAP No. CC-00-1131-MoPRi. Bankruptcy No. LA-98-24281-ERPublishedCited by 19 opinions

1Opinion of the Court

OPINION

MONTALI, Bankruptcy Judge.

A debtor appeals from an order allowing an oversecured creditor’s claim; specifically, the debtor argues that the bankruptcy court erred in permitting the creditor to recover a contractual default rate of interest and attorneys’ fees for pursuing payment on guaranties, and in denying debtor’s request for attorneys’ fees for successfully defending a relief from stay motion and an objection to plan confirmation. We AFFIRM in part and REVERSE and REMAND in part.

I

FACTS

Appellant Hassen Imports Partnership (“Debtor”) owns certain improved real property on which an…

2Cases cited19 opinions

  1. In Re Hassan Hamidi Hashemi, Debtor. American Express Travel Related Services Company Inc. v. Hassan Hamidi HashemiCourt of Appeals for the Ninth Circuit · 1997
  2. In Re Elmer FOBIAN and Elsie Fobian, Debtors. Elmer FOBIAN and Elsie Fobian, Appellants, v. WESTERN FARM CREDIT BANK, AppelleeCourt of Appeals for the Ninth Circuit · 1991
  3. In the Matter of Wayne M. Laymon, Debtor. Theron Bradford, Trustee v. James Crozier, TrusteeCourt of Appeals for the Fifth Circuit · 1992
  4. Ford v. Baroff (In re Baroff)Court of Appeals for the Ninth Circuit · 1997
  5. In Re JohnsonCourt of Appeals for the Ninth Circuit · 1985

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

3Cited by19 opinions

  1. Rockstad v. EriksonAlaska Supreme Court · 2005
  2. Chinese Yellow Pages Co. v. Chinese Overseas Marketing Service Corp.California Court of Appeal · 2008
  3. In Re South Side House, LLCUnited States Bankruptcy Court, E.D. New York · 2011
  4. Wells Fargo Bank Northwest, N.A. v. Yett (In Re Yett)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  5. In Re Moody National SHS Houston H, LLCUnited States Bankruptcy Court, S.D. Texas · 2010

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API