Legal Opinion

Farmer v. Crocker National Bank (In Re Swift Aire Lines, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided May 11, 1982No. BAP No. CC-82-1139, Bankruptcy No. LA-81-11896-CA, Adv. No. LA-81-4979-CAPublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM.

A money judgment in the amount of $801,899 was entered on April 7, 1982 in favor of plaintiff trustee in bankruptcy and against Crocker Bank. The judgment debt- or appealed and moved for a stay of execution pending appeal without posting a bond or, in the alternative, for approval of a supersedeas bond. As requested by the judgment creditor, the trial court granted appellant’s request only on condition that it deposit the amount of the judgment in a certificate of deposit.

We hold that the court abused its discretion in declining to approve a supersedeas bond. Accordingly, we grant…

2Cases cited10 opinions

  1. Poplar Grove Planting and Refining Co., Inc. v. Bache Halsey Stuart, Inc.Court of Appeals for the Fifth Circuit · 1979
  2. C. Albert Sauter Co., Inc. v. Richard S. Sauter Co., Inc.District Court, E.D. Pennsylvania · 1973
  3. Federal Facilities Realty Trust v. KulpCourt of Appeals for the Seventh Circuit · 1955
  4. In re Home Discount Co.District Court, N.D. Alabama · 1906
  5. Georgia Jewelers, Inc., Alleged Bankrupt v. Bulova Watch Co., Golden Shield Corporation, Gruen Watch Co., and Columbia Diamond Ring CorporationCourt of Appeals for the Fifth Circuit · 1962

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3Cited by16 opinions

  1. ACC Bondholder Group v. Adelphia Communications Corp. (In Re Adelphia Communications Corp.)District Court, S.D. New York · 2007
  2. Rev Op Group v. ML Manager LLC (In Re Mortgages Ltd.)Court of Appeals for the Ninth Circuit · 2014
  3. Gleasman v. Jones (In Re Gleasman)United States Bankruptcy Court, W.D. Texas · 1990
  4. Hunter v. S.K. Austin Co. (In Re Beck)United States Bankruptcy Court, N.D. Ohio · 1983
  5. Sicherman v. Ohio Rehabilitation Services Commission (In Re Dial Industries, Inc.)United States Bankruptcy Court, N.D. Ohio · 1992

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