Legal Opinion

In Re Charles R. TUMA and Jolene L. Tuma, Debtors. Charles R. TUMA and Jolene L. Tuma, Appellants, v. FIRSTMARK LEASING CORPORATION, Appellee

Court of Appeals for the First Circuit

Decided October 2, 1990No. 89-35089PublishedCited by 20 opinions

1Opinion of the Court

ORDER

The memorandum disposition filed June 28, 1990, is redesignated as an authored opinion by Judge Ferguson.

OPINION

FERGUSON, Circuit Judge:

Charles and Jolene Turna appeal a decision of the bankruptcy court, affirmed by the Bankruptcy Appellate Panel, which allowed their major creditor to elect to have its entire claim treated as secured under 11 U.S.C. 1111(b). We affirm.

BACKGROUND

Charles and Jolene Turna [“the Turnas”] are the major stockholders of Sawtooth Radio corporation [“Sawtooth”], a closely held corporation. Sawtooth owed approximately $1,450,000 to Firstmark Leasing Corporation…

2Cases cited8 opinions

  1. In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
  2. In Re Richard Arthur Comer, Debtor. Elaine F. Comer v. Richard Arthur ComerCourt of Appeals for the Ninth Circuit · 1984
  3. Ahmanson Foundation v. United StatesCourt of Appeals for the Ninth Circuit · 1981
  4. General Electric Credit Corp. v. Nardulli & Sons Co. (In Re Nardulli & Sons Co.)United States Bankruptcy Court, W.D. Pennsylvania · 1986
  5. In Re Air Center, Inc.United States Bankruptcy Court, W.D. Oklahoma · 1985

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3Cited by20 opinions

  1. Decker v. Tramiel (In Re JTS Corp.)Court of Appeals for the Ninth Circuit · 2010
  2. United States Ex Rel. Farmers Home Administration v. Arnold & Baker Farms (In Re Arnold & Baker Farms)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  3. Nunez v. Nunez (In Re Nunez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  4. Stephens v. Bigelow (In Re Bigelow)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
  5. Pacific First Bank Ex Rel. RT Capital Corp. v. Boulders on the River, Inc. (In Re Boulders on the River, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994

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