Beneficial California, Inc. v. Villar (In Re Villar)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MONTALI, Bankruptcy Judge.
In this case a debtor failed to afford procedural and constitutional due process when she moved to avoid a judicial lien. While the lien may not be able to withstand a proper attack, failure to serve effectively will not be excused even where there appears to be no defense to the underlying motion. If debtor renews her challenge and is successful, this decision will indeed be nothing more than a Pyrrhic victory.
Appellant Beneficial California Inc. (“Beneficial”) appeals from the bankruptcy court’s order granting the second motion of debtor Barbara A. Villar…
2Cases cited22 opinions
- Jodoin v. Samayoa (In Re Jodoin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- In Re Daniel R. Bucknum, Dba Bucknum, Levine & Smith, Debtor. Joe W. Moody, Bernice H. Moody v. Daniel R. Bucknum, Dba Bucknum, Levine & SmithCourt of Appeals for the Ninth Circuit · 1991
- Maryland State Firemen's Assn. v. ChavesDistrict Court, D. Maryland · 1996
- United States v. Levoy (In Re Levoy)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- Ms. Interpret v. Rawe Druck—Und—Veredlungs—GmbH (In Re Ms. Interpret)United States Bankruptcy Court, S.D. New York · 1998
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- Doolittle v. County of Santa Cruz (In Re Metzger)United States Bankruptcy Court, N.D. California · 2006
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