Legal Opinion

Heritage Pacific Financial, LLC v. MacHuca (In Re MacHuca)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 14, 2012No. NC-12-1081-MkHPaPublishedCited by 22 opinions

1Opinion of the Court

OPINION

MARKELL, Bankruptcy Judge.

I. INTRODUCTION

Heritage Pacific Financial, LLC (“HPF”) sued debtor Raul Machuca, Jr. (“Machuca”), alleging that a debt incurred by Machuca was nondischargeable. HPF not only lost, but the bankruptcy court entered summary judgment for Machuca. HPF did not appeal that order. Machuca thereafter sought an award of roughly $9,000 in attorneys’ fees under 11 U.S.C. § 528(d). 1 The bankruptcy court granted Machuca’s attorneys’ fees motion. HPF then appealed from the fee order. We AFFIRM.

II. FACTS

In January 2007, Machuca purchased a single-family residence in Salinas,…

2Cases cited23 opinions

  1. Scott v. HarrisSupreme Court of the United States · 2007
  2. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  3. Pierce v. UnderwoodSupreme Court of the United States · 1988
  4. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  5. In Re Thomas James Dyer, Debtor. Nancy Knupfer, Trustee v. John Lindblade, in Re Thomas James Dyer, Debtor, John Lindblade v. Nancy Knupfer, TrusteeCourt of Appeals for the Ninth Circuit · 2003

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3Cited by22 opinions

  1. Alakozai v. Citizens Equity First Credit Union (In Re Alakozai)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  2. Heritage Pacific Financial, LLC v. Montano (In Re Montano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  3. In re: Antoinette Michelle MaxwellUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2019
  4. Greenstein v. Wells Fargo Bank, N.A. (In re Greenstein)United States Bankruptcy Court, C.D. California · 2017
  5. Argyle Online, LLC v. Nielson (In re GGW Brands, LLC)United States Bankruptcy Court, C.D. California · 2013

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

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