Legal Opinion
In Re Universal Farming Industries, Debtor. George C. Spacek v. Jerry Thomen
Court of Appeals for the Ninth Circuit
Decided May 8, 1989No. 88-5548PublishedCited by 49 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
George C. Spacek, holder of a trust deed on a piece of real property held by the debtor in a bankruptcy case, brought suit in bankruptcy court against Jerry Thomen, the holder of the first trust deed on the same piece of real property. Spacek claims that Thomen’s trust deed should be equitably subordinated or, alternatively, that the first trust deed merged with the title to the property. We reject both contentions.
In February 1983, Thomen, the lawyer and business associate of Kewars Tabata-bay (“Tabatabay”), purchased from a third party the first deed of trust on a…
2Cases cited11 opinions
- In Re Income Property Builders, Inc., Debtor. Armel Laminates, Inc. v. The Lomas & Nettleton CompanyCourt of Appeals for the Ninth Circuit · 1983
- In Re Christian Life CenterCourt of Appeals for the Ninth Circuit · 1987
- Unsecured Creditors' Committees of Pacific Express, Inc. v. Pioneer Commercial Funding Corp. (In Re Pacific Express, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
- Alvin Swimmer v. Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1987
- In the Matter of U.S.A. Motel Corporation, a California Corporation, Debtor. U.S.A. Motel Corporation v. Curtis B. Danning, TrusteeCourt of Appeals for the Ninth Circuit · 1975
6 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Menk v. Lapaglia (In Re Menk)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- Sure-Snap Corp. v. State Street Bank & Trust Co.Court of Appeals for the Second Circuit · 1991
- Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.)Court of Appeals for the Ninth Circuit · 1990
- Davis v. Courington (In Re Davis)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- In Re: John G. Pattullo in Re: Susan F. Pattullo, Debtors. United States Internal Revenue Vacating Service v. John G. Pattullo Susan F. PattulloCourt of Appeals for the Ninth Circuit · 2001
44 more not listed; retrieve them via the Exa API.