Legal Opinion

Miller v. Shaw (In Re Shaw)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 11, 1982No. BAP No. CC-81-1151-HVG, Bankruptcy Nos. LA 80-02494 RO, LA 80-02495 RO, Adv. No. 80-2056 ROPublishedCited by 11 opinions

1Opinion of the Court

OPINION

HUGHES, Bankruptcy Judge:

The question raised by this appeal is whether the bankruptcy court’s equitable power may be used to set aside a post-bankruptcy foreclosure sale that was not subject to a stay. We hold on the facts of this case and the authority of Hardt v. Kirkpatrick, 91 F.2d 875 (9th Cir. 1937) cert. denied 303 U.S. 626, 58 S.Ct. 762, 82 L.Ed. 1088 (1938), that it may not.

I

Miller holds a deed of trust on several parcels of real property owned by the Shaws, Chapter 11 debtors. The trial court granted Miller’s request for dissolution of the automatic stay of foreclosure…

2Cases cited2 opinions

Hardt v. KirkpatrickCourt of Appeals for the Ninth Circuit · 1937
Heffron v. Western Loan & Building Co.Court of Appeals for the Ninth Circuit · 1936

3Cited by11 opinions

11 Collier bankr.cas.2d 240, Bankr. L. Rep. P 69,927 in Re Sewanee Land, Coal & Cattle, Inc., Debtor. Sewanee Land, Coal & Cattle, Inc. v. Terry Lamb, Charles Bailey Rogers, J. Edgar Hammonds and Third National BankCourt of Appeals for the Third Circuit · 1984
Lomagno v. Salomon Bros. Realty Corp. (Lomagno)Bankruptcy Appellate Panel of the First Circuit · 2005
Bryce v. Stivers (In Re Stivers)United States Bankruptcy Court, N.D. California · 1983
G.E. Capital Mortgage Services, Inc. v. Thomas (In Re Thomas)United States Bankruptcy Court, D. Arizona · 1995
Sewanee Land, Coal & Cattle, Inc. v. LambCourt of Appeals for the Eleventh Circuit · 1984

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