Legal Opinion

Omoto v. Ruggera (In Re Omoto)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 29, 1988No. BAP No. CC-87-1425, Bankruptcy No. LAX87-50961JBPublishedCited by 24 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

Appellant Debtor Iwao Omoto appeals from an order granting relief from stay to validate a foreclosure sale. The foreclosing creditor, Neil Ruggera, did so despite the Debtor’s third Chapter 13 filing the day before. The trial court issued its order after the Debtor’s fourth filing, finding that Omoto had filed in bad faith. The Court declared the foreclosure sale valid and lifted the automatic stay nunc pro tunc. We dismiss the case as moot and impose sanctions against Omoto and his attorney.

II

FACTS

The bankruptcy filings leading up to this appeal centered…

2Cases cited10 opinions

  1. Richard Gonzales, Juliana Gonzales and Michael Dodge v. Barbara Parks and Jerome ParksCourt of Appeals for the Ninth Circuit · 1987
  2. In Re Sequoia Auto Brokers, Ltd., Inc.Court of Appeals for the Ninth Circuit · 1987
  3. In the Matter of the Hawaii Corporation, Debtor. George Q. Cannon v. The Hawaii Corp., by John T. Goss, Trustee for the Estate of the Hawaii Corp.Court of Appeals for the Ninth Circuit · 1986
  4. Mortgage Mart, Inc. v. Rechnitzer (In Re Chisum)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  5. Walter v. Sunwest Bank (In Re Walter)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988

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3Cited by24 opinions

  1. Woods & Erickson, LLP v. Leonard (In Re AVI, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  2. Davis v. Courington (In Re Davis)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  3. Tennant v. Rojas (In Re Tennant)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  4. Aheong v. Mellon Mortgage Co. (In Re Aheong)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  5. In Re Universal Farming Industries, Debtor. George C. Spacek v. Jerry ThomenCourt of Appeals for the Ninth Circuit · 1989

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

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