Legal Opinion
Ratto v. Sims (In Re Lendvest Mortgage, Inc.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided August 3, 1990No. BAP No. NC 89-1926 RAsO, Bankruptcy No. 188-01058, Adv. No. 189-0100PublishedCited by 6 opinions
1Opinion of the Court
I. FACTS
In August 1986, R.B. Hawkinson and Beth L. Hawkinson (the Hawkinsons) signed a promissory note in the principal amount of $61,800.00 payable to Lendvest Mortgage, Inc. (Lendvest), secured by a deed of trust on certain property located at 1919 Valencia Street, Napa, California. On or about October 15, 1986, Lendvest assigned the Hawkinsons’ note to the appellants, Frank J. Ratto and Tosca M. Ratto (the Rattos). The assignment was accompanied by a Contract of Guarantee whereby Lendvest agreed to bear all risk of loss.
On June 14, 1988 an involuntary Chapter 7 petition was filed against…
2Cases cited4 opinions
- In Re: The Woodson Company, Debtor. Fireman's Fund Insurance Companies v. William B. Grover, Trustee, and Official Unsecured Creditors' CommitteeCourt of Appeals for the Ninth Circuit · 1987
- Castle Rock Industrial Bank v. S.O.A.W. Enterprises, Inc. (In Re S.O.A.W. Enterprises, Inc.)United States Bankruptcy Court, W.D. Texas · 1983
- Wien Air Alaska, Inc. v. BachnerCourt of Appeals for the Ninth Circuit · 1989
- Bear v. CobenCourt of Appeals for the Ninth Circuit · 1986
3Cited by6 opinions
- European American Bank v. Sackman Mortgage Corp. (In Re Sackman Mortgage Corp.)United States Bankruptcy Court, S.D. New York · 1993
- NetBank, FSB v. Kipperman (In Re Commercial Money Center, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
- In Re Churchill Mortgage Investment Corp.United States Bankruptcy Court, S.D. New York · 1999
- In Re Commercial Loan Corp.United States Bankruptcy Court, N.D. Illinois · 2004
- Corporate Financing, Inc. v. Fidelity National Title Insurance (In Re Corporate Financing, Inc.)United States Bankruptcy Court, E.D. New York · 1998
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