Legal Opinion

Laskin v. First National Bank (In Re Laskin)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided June 30, 1998No. BAP No. CC-97-1655-BJO, Bankruptcy No. SV 97-11948-GMPublishedCited by 48 opinions

1Opinion of the Court

OPINION

BRANDT, Bankruptcy Judge.

The bankruptcy court denied the Chapter 7 1 debtors’ uncontested motion to avoid a totally unsecured second deed of trust on their residence for lack of case law support. We AFFIRM.

I. BACKGROUND

The debtors, Jared Ezra Laskin and Gail Ann Laskin (“Laskins” or “debtors”), filed for Chapter 7 relief on 13 February 1997. In their Schedule A, the Laskins listed a residence located at 16423 Lassen Street, North Hills, California, with a market value of $165,000. Schedule D lists a first deed of trust for $170,841.93 in favor of Countrywide Home Loans, and a second…

2Cases cited19 opinions

  1. Dewsnup v. TimmSupreme Court of the United States · 1992
  2. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  3. In Re Lamar Dewsnup and Aletha Dewsnup, Debtors. Lamar Dewsnup, Aletha Dewsnup v. Louis L. TimmCourt of Appeals for the Tenth Circuit · 1990
  4. Lam v. Investors Thrift (In Re Lam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  5. Dewsnup v. Timm (In Re Dewsnup)United States Bankruptcy Court, D. Utah · 1988

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3Cited by48 opinions

  1. Ryan v. Homecomings Financial NetworkCourt of Appeals for the Fourth Circuit · 2001
  2. In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
  3. Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
  4. Ruvacalba v. Munoz (In Re Munoz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  5. In Re: Terry R. Talbert and Lahna L. Talbert, Debtors. Terry R. Talbert and Lahna L. Talbert v. City Mortgage ServicesCourt of Appeals for the Sixth Circuit · 2003

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