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American Savings & Loan Ass'n v. Gill (In Re North County Place, Ltd.)

United States Bankruptcy Court, C.D. California

Decided October 17, 1988No. Bankruptcy Nos. LA 84-09004 SB, LA 84-07435 SB, LA 84-07436 SB, LA 84-09002 SB and LA 84-09003 SB, Ref. No. M6-07125 SBPublishedCited by 8 opinions

1Opinion of the Court

AMENDED OPINION AWARDING SURCHARGE ON COLLATERAL OF SECURED CREDITOR

SAMUEL L. BUFFORD, Bankruptcy Judge.

7. Introduction

This contested matter raises the question of whether the Chapter 11 trustee in a failed reorganization case may surcharge the collateral of the secured creditor American Savings & Loan Association (“American”) for expenses incurred in the completion of the shopping center and office building belonging to the debtor North County Place, Ltd. (“North County”) and the leasing of the commercial space, where the price bid at the subsequent foreclosure sale did not exceed the…

2Cases cited19 opinions

  1. In the Matter of Trim-X, Inc., Debtor. Appeal of Maurice Levine, Trustee in BankruptcyCourt of Appeals for the Seventh Circuit · 1983
  2. 15 Collier bankr.cas.2d 563, Bankr. L. Rep. P 71,437 in Re McKeesport Steel Castings Company. In Re McKeesport Steel Castings Company, Debtor. Equitable Gas Co. v. Equibank N.A., Condec Corporation. Appeal of Equitable Gas Company, a Division of Equitable Resources, Inc., MovantCourt of Appeals for the Third Circuit · 1986
  3. In Re Flagstaff Foodservice CorporationCourt of Appeals for the Second Circuit · 1984
  4. In Re Flagstaff Foodservice CorporationCourt of Appeals for the Second Circuit · 1985
  5. 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

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3Cited by8 opinions

  1. Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.)United States Bankruptcy Court, M.D. Florida · 2000
  2. Golden v. Chicago Title Insurance (In Re Choo)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  3. In Re Mall at One Associates, L.P.United States Bankruptcy Court, E.D. Pennsylvania · 1995
  4. In Re TrengeDistrict Court, E.D. Pennsylvania · 1991
  5. Calstar Corp. v. Debbie Reynolds Hotel & Casino, Inc. (In Re Debbie Reynolds Hotel & Casino, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999

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