Smith v. Wheeler Technology, Inc. (In Re Wheeler Technology, Inc.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
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
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1991
- 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
- In Re Center Wholesale, Inc.Court of Appeals for the Ninth Circuit · 1985
- Credit Alliance Corp. v. Dunning-Ray Insurance Agency (In Re Blumer)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
10 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Havelock v. Taxel (In Re Pace)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
- Delaney-Morin v. Day (In Re Delaney-Morin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- In Re Dow Corning Corp.District Court, E.D. Michigan · 1997
- Mayex II v. Du-An Products, Inc. (In Re Mayex II Corp.)United States Bankruptcy Court, W.D. Missouri · 1995
- 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.