Legal Opinion

Smith v. Wheeler Technology, Inc. (In Re Wheeler Technology, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 16, 1992No. BAP No. WW-91-1373 ROMe, Bankruptcy No. 90-33683TPublishedCited by 24 opinions

1Opinion of the Court

MEMORANDUM

RUSSELL, Bankruptcy Judge:

A creditor appeals from an order of the bankruptcy court removing him from the Unsecured Creditors’ Committee for failure to comply with a court order to return goods in his possession that the debtor was attempting to redeem under Washington law. The order requiring the turnover of the goods was the result of a motion rather than an adversary proceeding as is required by the Bankruptcy Rules. The court subsequently awarded the debtor attorney’s fees and costs incurred in recovering the goods held by the creditor. We reverse and vacate the orders.

I. FACTS

Cre…

2Cases cited15 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1991
  3. In the Matter of Thomas J. Perkins, Jr., Debtor-Appellant, and Appeal of Teachers' Retirement System of the State of Illinois, InterveningCourt of Appeals for the Seventh Circuit · 1990
  4. In Re Center Wholesale, Inc.Court of Appeals for the Ninth Circuit · 1985
  5. Credit Alliance Corp. v. Dunning-Ray Insurance Agency (In Re Blumer)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986

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3Cited by24 opinions

  1. Havelock v. Taxel (In Re Pace)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
  2. Delaney-Morin v. Day (In Re Delaney-Morin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  3. In Re Dow Corning Corp.District Court, E.D. Michigan · 1997
  4. Mayex II v. Du-An Products, Inc. (In Re Mayex II Corp.)United States Bankruptcy Court, W.D. Missouri · 1995
  5. Korneff v. Downey Regional Medical Center-Hospital, Inc. (In Re Downey Regional Medical Center-Hospital, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010

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

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