Metropolitan Life Insurance v. Sunnymead Shopping Center Co. (In Re Sunnymead Shopping Center Co.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
(AMENDED) 3 OPINION
OLLASON, Bankruptcy Judge:
This is a case of first impression where a secured creditor has objected to court-ordered adequate protection payments for fear that acceptance of the payments might violate California’s “one action” rule, California Civil Procedure Code § 726, and the related antideficiency statutes §§ 580a, 580b and 580d, and bar foreclosure of its real property collateral. The creditor appeals the bankruptcy court’s order dated December 29, 1993, granting the debtor’s motion to require cash collateral to be paid to the secured creditor. We AFFIRM.
STATEMENT OF…
2Cases cited23 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
- In Re Robert J. Mason, Debtor. Robert J. Mason v. Integrity Insurance Company and Sherwood & Roberts, Inc.Court of Appeals for the Ninth Circuit · 1983
- Security Pacific National Bank v. WozabCalifornia Supreme Court · 1990
- In the Matter of Gladys E. Shondel, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1991
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3Cited by11 opinions
- Heritage Pacific Financial, LLC v. Montano (In Re Montano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- Bank of Sun Prairie v. Marshall Development Co.Court of Appeals of Wisconsin · 2001
- DiSalvo v. DiSalvo (In Re DiSalvo)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- Hardin v. Gianni (In Re King Street Investments, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- Levernier v. Educational Credit Management Corp. (In Re Levernier)District Court, C.D. California · 2004
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