Legal Opinion
In Re George E. Graziadei, Debtor. George E. Graziadei, Appellant-Cross-Appellee v. Marlys Graziadei, Appellee-Cross-Appellant
Court of Appeals for the Ninth Circuit
Decided August 18, 1994No. 93-15334, 93-15339PublishedCited by 24 opinions
1Opinion of the Court
REINHARDT, Circuit Judge:
I. INTRODUCTION
This ease involves the question whether the Bankruptcy Appellate Panel (“BAP”) properly directed that a bankruptcy court order be dismissed for lack of jurisdiction. The BAP held that (i) the bankruptcy court lacked jurisdiction to turn over the sale proceeds of the debtor’s homestead property to his ex-wife’s lawyer, but that (ii) it was nevertheless proper for the lawyer to keep the funds that had already been given to him. We affirm the first holding of the BAP, but modify the second and remand for further proceedings.
II. BACKGROUND
Debtor George E.…
2Cases cited4 opinions
- In Re Burneice Turner, D/B/A Bunni's Diamond Inn and F/d/b/a Bunni's Casbar, Bunni's Andy C's, Debtor. Burneice Turner v. Kenneth ErmigerCourt of Appeals for the Second Circuit · 1983
- Harris v. Herman (In Re Herman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- Watts v. PinckneyCourt of Appeals for the Ninth Circuit · 1985
- Breedlove v. BreedloveNevada Supreme Court · 1984
3Cited by24 opinions
- The Matter of Zale Corporation, Debtor. Alan D. Feld, and National Union Fire Insurance Company, Inc., of Pittsburgh, Pennsylvania v. Zale CorporationCourt of Appeals for the Fifth Circuit · 1995
- Hagel v. Drummond (In Re Hagel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- Culver, LLC v. Chiu (In Re Chiu)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
- Cisneros v. Kim (In Re Kim)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- Gaughan v. Smith (In Re Smith)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
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