Legal Opinion
Sells v. Sonoma v (In Re Sonoma V)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided October 1, 1982No. BAP No. NC-81-1168-VEK, Bankruptcy No. 1-80-00463PublishedCited by 38 opinions
1Opinion of the Court
OPINION
Before VOLINN, ELLIOTT and KATZ, Bankruptcy Judges. VOLINN, Bankruptcy Judge:
I. ISSUE
The Sells and Fields appeal an order of the trial court awarding, as an administrative expense, $60,000 in interim attorneys’ fees to the firm of Misuraca, Costin & Byers, which fees are to be paid from the proceeds of a sale of the debtor’s primary asset, an uncompleted shopping center in Sonoma County, California. We REVERSE.
Appellants hold a $250,000 note from So-noma V which is secured by a deed of trust on the shopping center. Their lien has been transferred to'the proceeds of the sale. Appellants…
2Cases cited3 opinions
- Textile Banking Company, Inc., and Cross-Appellee v. H. E. Widener, Jr., Trustee of Lincoln Industries, Incorporated, Bankrupt, and Cross-AppellantCourt of Appeals for the Fourth Circuit · 1959
- First Western Savings & Loan Ass'n v. AndersonCourt of Appeals for the Ninth Circuit · 1958
- Silver State Savings and Loan Association v. James Chalmers Young, Trustee of the Estate of Carver House, Inc., BankruptCourt of Appeals for the Ninth Circuit · 1958
3Cited by38 opinions
- In Re Chicago Lutheran Hospital Ass'nUnited States Bankruptcy Court, N.D. Illinois · 1988
- Brookfield Production Credit Ass'n v. BorronCourt of Appeals for the Eighth Circuit · 1984
- 16 Collier bankr.cas.2d 1509, Bankr. L. Rep. P 71,795 in Re Cascade Hydraulics and Utility Service, Inc. Central Bank of Montana, a Montana Banking Corporation v. Cascade Hydraulics and Utility Service, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1987
- Brookfield Production Credit Ass'n v. BorronDistrict Court, E.D. Missouri · 1983
- In Re Bob Grissett Golf Shoppes, Inc.United States Bankruptcy Court, E.D. Virginia · 1985
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