Legal Opinion

Smith v. Lachter (In Re Smith)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 26, 2006No. BAP No. AZ-05-1116-SBMo, Bankruptcy No. 95-06077-PHX-RTB, Adversary No. 00-00539-PHX-RTBPublishedCited by 8 opinions

1Opinion of the Court

OPINION

SMITH, Bankruptcy Judge.

James M. Smith (“Debtor”) appeals a declaratory judgment entered on May 20, 2005, which determined that a state court judgment held by Sidney and Sandra La-chter (“Lachters”) was timely renewed. We REVERSE and REMAND.

The long and winding road

That leads to your door

Will never disappear

I’ve seen that road before ....

I. PACTS 1

This matter is reminiscent of that old Beatles’ standard, “The Long and Winding Road,” a brooding song about a road that never ends. 2 One can only hope that, with this opinion, the end of the road is indeed in sight.

Neepawa Enterprises, Ltd.…

2Cases cited12 opinions

  1. Emil Aslanidis v. United States Lines, Inc., United States Lines (s.a.), Inc., United States Lines, Inc., Reorganization Trust, United States Lines (s.a.), Inc., Reorganization Trust, Emil Aslanidis v. Brandeis Intsel & Co., Inc., Brandeis Division of Pechiney World Trade Usa, Inc., John Doe I, John Doe Ii, John Doe Iii, Samancor, Ltd., South African Container Depots, Ltd. And Rennies Freight Services, Ltd., Brandeis Intsel & Co., Inc. And Brandeis Division of Pechiney World Trade Usa, Inc., Third-Party-Plaintiffs v. Samancor, Ltd., South African Container Depots, Ltd. And Rennies Freight Services, Ltd., Third-Party-DefendantsCourt of Appeals for the Second Circuit · 1993
  2. In Re Joan Morton, Debtor. Joan Morton v. National Bank of New York CityCourt of Appeals for the Second Circuit · 1989
  3. Roberts v. Erhard (In Re Roberts)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  4. Rogers v. Corrosion Products, Inc.Court of Appeals for the Fifth Circuit · 1995
  5. In Re: Basil N. Spirtos, Debtor. Thelma v. Spirtos v. Irene MorenoCourt of Appeals for the Ninth Circuit · 2000

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3Cited by8 opinions

  1. Hoang v. LoweryCourt of Appeals of Maryland · 2020
  2. In Re WorldCom, Inc.United States Bankruptcy Court, S.D. New York · 2007
  3. F/S Manufacturing v. KensmoeNorth Dakota Supreme Court · 2011
  4. Phillips v. Gilman (In Re Gilman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2019
  5. Jones v. WestonCourt of Appeals of Arizona · 2009

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