Legal Opinion
Estreito v. Citirealty Corp. (In Re Estreito)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided March 6, 1990No. BAP No. NC-89-1533 MeJV, Bankruptcy No. 3-86-03800 TCPublishedCited by 4 opinions
1Opinion of the Court
MEYERS, Bankruptcy Judge:
I
A junior lienholder claimed interest on advances made to cure a debtor’s default on a senior obligation. The lienholder claimed interest at the same rate as had been charged on promissory notes between the debtor and the junior lienholder, whereas the debtor urged that interest should be limited to 7%, the “rate allowed by law” as specified in the Deed of Trust between the parties. The bankruptcy court held in favor of the lienholder, prompting a motion by the debtor for rehearing which was denied. This appeal is taken from both the order awarding interest and the…
2Cases cited20 opinions
- McLINN v. FJORDCourt of Appeals for the Ninth Circuit · 1984
- Beeler v. American Trust Co.California Supreme Court · 1944
- Dominic Marchese v. Shearson Hayden Stone, Inc.Court of Appeals for the Ninth Circuit · 1984
- In Re the Estate of WebbCourt of Chancery of Delaware · 1970
- Groundhog v. San Joaquin Estates, Inc. (In Re San Joaquin Estates, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
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3Cited by4 opinions
- Dolven v. Bartleson (In Re Bartleson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- Ankeny v. Meyer (In Re Ankeny)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- Shelden v. United StatesUnited States Court of Federal Claims · 1995
- Encino Business Management, Inc. v. Prize Frize, Inc. (In Re Prize Frize, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993