Legal Opinion

C.F. Brookside, Ltd. v. Skyview Memorial Lawn Cemetery (In Re Affordable Housing Development Corp.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 25, 1994No. BAP No. CC-92-2150-HVJ. Bankruptcy No. LA-82-19377-SB. Adv. No. LA-89-1998-SBPublishedCited by 22 opinions

1Opinion of the Court

OPINION

HAGAN, Bankruptcy Judge:

C.F. Brookside, Ltd. (“Brookside”) appeals an order of the bankruptcy court reaffirming its prior grant of summary judgment in favor of Skyview Memorial Lawn Cemetery (“Sky-view”). We affirm in part and reverse and remand in part.

I. Background

In 1979, Brookside sold an apartment project located in Redondo Beach, California (the “Project”), to Affordable Housing Corporation, the debtor-in-possession (the “Debtor”) for cash and a $6.0 million dollar promissory note (the “Brookside Note”) secured by a deed of trust (the “Trust Deed”) on the Project. The Debtor…

2Cases cited21 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  3. Kamen v. Kemper Financial Services, Inc.Supreme Court of the United States · 1991
  4. Lewis v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1961
  5. In Re Judith Lynne Madrid, Debtor. Judith Lynne Madrid v. Lawyers Title Insurance Corp., and Donald TurneyCourt of Appeals for the Ninth Circuit · 1984

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3Cited by22 opinions

  1. Comedy Club, Inc. v. Improv West AssociatesCourt of Appeals for the Ninth Circuit · 2009
  2. Poplar Run Five Ltd. Partnership v. Virginia Electric & Power Co. (In Re Poplar Run Five Ltd. Partnership)United States Bankruptcy Court, E.D. Virginia · 1995
  3. Marshack v. Orange Commercial Credit (In Re National Lumber & Supply, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  4. Dolven v. Bartleson (In Re Bartleson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  5. Captain Blythers, Inc. v. Thompson (In Re Captain Blythers, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004

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

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