Legal Opinion
In Re Jimmie Lee Johnston Ferol Johnston, Debtors. Jimmie Lee Johnston Ferol Johnston v. Greg K. Webster, Chapter 11 Trustee
Court of Appeals for the Ninth Circuit
Decided March 2, 1995No. 93-16497PublishedCited by 29 opinions
1Opinion of the Court
RYMER, Circuit Judge:
Chapter 11 debtors Jimmie Lee and Ferol Johnston appeal the decision of the Bankruptcy Appellate Panel affirming the bankruptcy court’s order authorizing the Chapter 11 Trustee to abandon a large residential property known as El Granada. The John-stons argue that abandonment was improper because El Granada was subject to imminent foreclosure and because the intent of the abandonment was to shift the resulting taxable gain from the bankruptcy estate to the Johnstons. We hold that property which is of inconsequential value and benefit to the estate may be abandoned under §…
2Cases cited6 opinions
- Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- Beno v. ShalalaCourt of Appeals for the Ninth Circuit · 1994
- In Re James E. Johnston, Dba Johnston Enterprises, Debtor. Steelcase Inc. v. James E. Johnston and Unsecured Creditors' CommitteeCourt of Appeals for the Ninth Circuit · 1994
- 16 Collier bankr.cas.2d 702, Bankr. L. Rep. P 71,754 in Re K.C. MacHine & Tool Company, Debtor, June E. Morgan, Trustee the Detroit Edison Company Dery & Dery, P.C. Hill, Lewis, Adams, Goodrich & Tait v. K.C. MacHine & Tool Company, City of DetroitCourt of Appeals for the Sixth Circuit · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- DeVore v. Marshack (In Re DeVore)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- Viet Vu v. Kendall (In Re Viet Vu)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- Malden Mills Industries, Inc. v. Maroun (In Re Malden Mills Industries, Inc.)Bankruptcy Appellate Panel of the First Circuit · 2004
- Casa Blanca Project Lenders, L.P. v. City Commerce Bank (In Re Casa Blanca Project Lenders, L.P.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
- In Re: Interpictures Inc., Debtor. Eliezer Miller v. Generale Bank Nederland, N v. Interpictures Inc., Debtor-AppelleeCourt of Appeals for the Second Circuit · 2000
24 more not listed; retrieve them via the Exa API.