Legal Opinion

Takisaki v. Alpine Group, Inc. (In Re Alpine Group, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 29, 1993No. BAP No. WW-92-1650-RMJ, Bankruptcy No. 90-08274PublishedCited by 21 opinions

1Opinion of the Court

OPINION

RUSSELL, Bankruptcy Judge:

The bankruptcy court disallowed the post-petition portion of the creditor’s application for attorney's fees under § 506(b). REVERSED and REMANDED.

I. FACTS

Creditor-Appellant James T. Takisaki (“Takisaki”) loaned the Debtor-Appellee Alpine Group, Inc. (“Alpine”) $1.37 million as 100% financing for the purchase of unimproved real property known as Three Tree Point. The loan was secured by a first deed of trust on Three Tree Point, up to a principal amount of $1.37 million; a second deed of trust on property known as Olivia Court, up to a principal amount of…

2Cases cited11 opinions

  1. In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1991
  2. In Re Nucorp Energy, Inc., an Ohio Corporation, and Its Affiliates, Debtors. Luce, Forward, Hamilton & ScrippsCourt of Appeals for the Ninth Circuit · 1985
  3. In Re Acequia, Inc., Debtor. Acequia, Inc. v. Vernon B. ClintonCourt of Appeals for the Ninth Circuit · 1986
  4. In Re Riverside-Linden Investment Co., Debtor. Ralph O. Boldt, Trustee Estes & Hoyt v. Kathryn Crake Earl HaferCourt of Appeals for the Ninth Circuit · 1991
  5. In Re Elmer FOBIAN and Elsie Fobian, Debtors. Elmer FOBIAN and Elsie Fobian, Appellants, v. WESTERN FARM CREDIT BANK, AppelleeCourt of Appeals for the Ninth Circuit · 1991

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3Cited by21 opinions

  1. Ford Motor Credit Company v. Rayfeal C. Dobbins, A/K/A Ray C. Dobbins Mary Ellen DobbinsCourt of Appeals for the Fourth Circuit · 1994
  2. Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.)United States Bankruptcy Court, M.D. Florida · 2000
  3. In Re Kord Enterprises Ii, a California Partnership, Debtor. Kord Enterprises Ii, a California Partnership v. California Commerce BankCourt of Appeals for the Ninth Circuit · 1998
  4. Havelock v. Taxel (In Re Pace)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
  5. Prudential Insurance Company v. SW Boston Hotel Venture, LLCCourt of Appeals for the First Circuit · 2014

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