Legal Opinion
In Re Charles Lopez in Re Julie Lopez, Debtors, Bankruptcy Receivables Management v. Charles Lopez Julie Lopez
Court of Appeals for the Ninth Circuit
Decided September 26, 2003No. 02-15774BAPPublishedCited by 31 opinions
1Opinion of the Court
OPINION
HUG, JR., Circuit Judge:
This case addresses the question of whether a creditor may enforce a post-bankruptcy discharge agreement entered into with a debtor retaining the collateral pursuant to its rights under McClellan Fed. Credit Union v. Parker (In re Parker), 139 F.3d 668 (9th Cir.1998). Creditor Bankruptcy Receivables Management (“BRM”) seeks to enforce such an agreement on the grounds that it offered the debtors, Charles and Julia Lopez, new consideration in the form of waiving its right of replevin. The Bankruptcy Appellate Panel (“BAP”) held that the agreement was an invalid…
2Cases cited19 opinions
- Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
- In Re Nancy Shao Su in Re Louis C. Su, A/K/A Chienlu Su, Debtors. Dora Carrillo v. Louis C. SuCourt of Appeals for the Ninth Circuit · 2002
- Donna Marie Walls, on Behalf of Herself and All Others Similarly Situated v. Wells Fargo Bank, N.A.Court of Appeals for the Ninth Circuit · 2002
- United States v. Benjamin F. Gay Iii, Roy M. PorterCourt of Appeals for the Ninth Circuit · 1992
- In Re Brian K. Boodrow, Debtor. Capital Communications Federal Credit Union v. Brian K. BoodrowCourt of Appeals for the Second Circuit · 1997
14 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- In Re Straightline Investments, Inc.Court of Appeals for the Ninth Circuit · 2008
- Reswick v. Reswick (In Re Reswick)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- In Re SteinhausUnited States Bankruptcy Court, D. Idaho · 2006
- California Franchise Tax Board v. Jones (In Re Jones)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
- Dumont v. Ford Motor Credit Co. (In Re Dumont)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
26 more not listed; retrieve them via the Exa API.