Legal Opinion

Hedges v. Resolution Trust Corp.

Court of Appeals for the Ninth Circuit

Decided July 14, 1994No. Nos. 92-16952, 93-15606PublishedCited by 80 opinions

1Per curiam

We decide certain issues arising under section 524(a)(2) of the Bankruptcy Code and also clarify the source of a district court’s authority to impose sanctions on appeal from a bankruptcy court.

I

On August 19,1985, Patricia Hedges Beckett (“Beckett”) executed a promissory note for $96,000, secured by a deed to residential property (“the property”). Supp. ER, doc. 1, at ¶ 3. But Beckett defaulted, sometime after the original payee assigned the note to Cathedral Mortgage Corporation (“Cathedral”), id. at ¶¶ 5, 7 — the predecessor in interest to appellee Resolution Trust Corporation (“RTC”).…

2Cases cited5 opinions

  1. Ivey v. Board of Regents of University of AlaskaCourt of Appeals for the Second Circuit · 1982
  2. Robert Henderson v. Bank of New EnglandCourt of Appeals for the Ninth Circuit · 1993
  3. Burkhart v. Federal Deposit Insurance Corp. (In Re Burkhart)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  4. In Re Ronald Roete, Debtor (Appellee Below). Ronald Roete v. Charles Smith and Carol SmithCourt of Appeals for the Seventh Circuit · 1991
  5. In Re Akros Installations, Inc.Court of Appeals for the Ninth Circuit · 1987

3Cited by80 opinions

  1. Peugeot v. United States Trustee (In Re Crayton)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  2. Price v. Lehtinen (In Re Lehtinen)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  3. United States v. John SardoneCourt of Appeals for the Ninth Circuit · 1996
  4. Clarence L. Hedges, Debtor, Patricia Hedges Beckett, Personal Representative for Clarence Lee Hedges v. Resolution Trust Corporation, as Receiver for Gibraltar Savings, F.A., Successor-In-Interest to Cathedral Mortgage Company, Inc., a California Corporation, in Re Clarence L. Hedges, Debtor/deceased by Patricia Hedges Beckett, Personal Representative for Clarence Lee Hedges. Afton Jane Izen v. Resolution Trust Corporation, as Receiver for Gibraltar Savings, F.A., Successor-In-Interest to Cathedral Mortgage Company, Inc., a California CorporationCourt of Appeals for the Ninth Circuit · 1994
  5. American Savings Bank v. Harvey (In Re Harvey)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994

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