Legal Opinion
INGERSOLL-RAND FINANCIAL CORPORATION, Plaintiff-Appellee, v. MILLER MINING COMPANY, INC.; Michael Miller, Esq., Defendants-Appellants
Court of Appeals for the Ninth Circuit
Decided May 26, 1987No. 86-6156PublishedCited by 102 opinions
1Opinion of the Court
BOOCHEVER, Circuit Judge:
Miller Mining Company and Michael Miller, its guarantor, appeal a deficiency judgment entered against them by the district court. They allege that Ingersoll-Rand Financial Corporation did not conduct the resale of collateral it repossessed from Miller Mining in a commercially reasonable manner. Failure to do so, they contend, gave rise to a presumption that the proceeds of sale were equal to the claimed deficiency. We agree. We also conclude that the automatic bankruptcy stay applies to Miller Mining Company’s appeal but does not apply to Michael Miller.
FACTS
On…
2Cases cited8 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Teachers Insurance & Annuity Ass'n v. ButlerCourt of Appeals for the Second Circuit · 1986
- Cathey v. Johns-Manville Sales Corp.Court of Appeals for the Sixth Circuit · 1983
- Otoe County National Bank v. W & P Trucking, Inc., Charles E. Froelich, William J. Froelich, Jr., and Jack D. CramerCourt of Appeals for the Tenth Circuit · 1985
- T & W Ice Cream, Inc. v. Carriage Barn, Inc.New Jersey Superior Court Appellate Division · 1969
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3Cited by102 opinions
- Solidus Networks, Inc. v. Excel Innovations, Inc.Court of Appeals for the Ninth Circuit · 2007
- WW Gay Mech. Contr., Inc. v. Wharfside Two, Ltd.Supreme Court of Florida · 1989
- Parker v. BainCourt of Appeals for the Ninth Circuit · 1995
- Farley v. HensonCourt of Appeals for the Eighth Circuit · 1993
- Advanced Ribbons & Office Products, Inc. v. U.S. Interstate Distributing, Inc. (In Re Advanced Ribbons & Office Products, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
97 more not listed; retrieve them via the Exa API.