Legal Opinion

California Mortgage Service v. Yukon Enterprises, Inc. (In Re Yukon Enterprises, Inc.)

United States Bankruptcy Court, C.D. California

Decided June 7, 1984No. Bankruptcy No. LA83-16175 BR, Ref. No. M4-04617 BRPublishedCited by 39 opinions

1Opinion of the Court

MEMORANDUM OF OPINION LIFTING THE AUTOMATIC STAY

BARRY RUSSELL, Bankruptcy Judge.

This matter is before the Court upon the plaintiffs request for relief from the automatic stay on the ground, inter alia, that the Chapter 11 case was filed in bad faith.

The facts of this case present the classic circumstances constituting a bad faith filing.

FACTS

The property in question consists of three units of a nine unit condominium project located at 14120 Yukon Avenue, Hawthorne, California.

In November, 1979, a limited partnership was formed to build the condominium project to be known as the Yukon…

2Cases cited5 opinions

  1. Meadowbrook Investors' Group v. Thirtieth Place, Inc. (In Re Thirtieth Place, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
  2. Chattanooga Federal Savings & Loan Ass'n v. Northwest Recreational Activities, Inc. (In Re Northwest Recreational Activities, Inc.)United States Bankruptcy Court, N.D. Georgia · 1980
  3. Matter of LevinskyUnited States Bankruptcy Court, E.D. New York · 1982
  4. Loeb Apartments, Inc. v. MalwitzCourt of Appeals for the Seventh Circuit · 1937
  5. Duggan v. Highland-First Avenue Corp.United States Bankruptcy Court, C.D. California · 1982

3Cited by39 opinions

  1. In Re PowersUnited States Bankruptcy Court, C.D. California · 1991
  2. Setzer v. Hot Productions, Inc. (In Re Setzer)United States Bankruptcy Court, E.D. New York · 1985
  3. In Re EarlUnited States Bankruptcy Court, N.D. Indiana · 1992
  4. In Re Eclair Bakery Ltd.United States Bankruptcy Court, S.D. New York · 2000
  5. Adelson v. Smith (In Re Smith)United States Bankruptcy Court, D. Nevada · 2008

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