Legal Opinion

Biggs v. Stovin (In Re Luz International, Ltd.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 25, 1998No. BAP No. CC-96-1887-JHT, Bankruptcy No. LA-91-10000 AAPublishedCited by 23 opinions

1Opinion of the Court

OPINION

JONES, Bankruptcy Judge.

The Debtor’s chapter 7 2 trustee appeals from an order granting a creditor relief from the automatic stay and allowing the creditor to set off certain funds contained in a cash collateral account. The trustee claims the bankruptcy court committed two principal errors, one procedural, the other substantive. First, the trustee argues that the bankruptcy court improperly adjudicated the merits of the setoff claim in the context of a motion for relief from stay. Second, the trustee contends that the bankruptcy court erred in finding that the creditor met the…

2Cases cited19 opinions

  1. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  2. Paul J. Grella, Trustee v. Salem Five Cent Savings BankCourt of Appeals for the First Circuit · 1994
  3. In Re Cascade Roads, Inc., Debtor. United States of America v. Peter H. Arkison, TrusteeCourt of Appeals for the Ninth Circuit · 1994
  4. Libby v. HopkinsSupreme Court of the United States · 1881
  5. United States v. NicholsCourt of Appeals for the Tenth Circuit · 1988

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

3Cited by23 opinions

  1. Veal v. American Home Mortgage Servicing, Inc. (In Re Veal)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  2. Wechsler v. MacKe International Trade, Inc. (In Re MacKe International Trade, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  3. United States v. Gould (In Re Gould)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
  4. Edwards v. Wells Fargo Bank, N.A. (In Re Edwards)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  5. United States v. Carey (In Re Wade Cook Financial Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007

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

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