Legal Opinion

In Re Canonigo

United States Bankruptcy Court, N.D. California

Decided April 2, 2002No. 17-40296PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OF DECISION RE MOTION TO SELL REAL PROPERTY FREE AND CLEAR OF LIENS

LESLIE TCHAIKOVSKY, Bankruptcy Judge.

The above-captioned chapter 13 debtor (the “Debtor”) seeks authority pursuant to section 363(f) of the Bankruptcy Code to sell his residence (the “Residence”) free and clear of the secured claim of Washington Mutual Bank, FA (the “Bank”), over the Bank’s objection, without paying in full the face amount of the Bank’s claim. For the reasons stated below, the Court concludes that it does not have authority to grant the motion.

SUMMARY OF FACTS

The Debtor filed a voluntary petition…

2Cases cited23 opinions

  1. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  2. In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
  3. In Re: Pamela L. Tanner, Debtor. Pamela L. Tanner v. Firstplus Financial, Inc., F.K.A. Remodelers National FundingCourt of Appeals for the First Circuit · 2000
  4. Lam v. Investors Thrift (In Re Lam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  5. Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000

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

3Cited by12 opinions

  1. Clear Channel Outdoor, Inc. v. Knupfer (In Re PW, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  2. Darby v. Zimmerman (In Re Popp)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  3. In Re Gulf States Steel, Inc. of AlabamaUnited States Bankruptcy Court, N.D. Alabama · 2002
  4. In Re Takeout Taxi Holdings, Inc.United States Bankruptcy Court, E.D. Virginia · 2004
  5. Criimi Mae Services Ltd. Partnership v. WDH Howell, LLC ( in Re WDH Howell, LLC)District Court, D. New Jersey · 2003

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

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