In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-Appellee
Court of Appeals for the Ninth Circuit
1Opinion of the Court
JAMESON, Senior District Judge:
Crocker National Bank, a secured creditor, has appealed from a judgment of the bankruptcy court, 10 B.R. 711 (Bkrtcy.C.D.Cal.1981), affirmed by the bankruptcy appellate panel, 27 B.R. 1004 (Bkrtcy. 9th Cir.1983) denying Crocker relief from the automatic stay imposed under 11 U.S.C. § 362(a). We reverse and remand to the bankruptcy court for further findings.
I. Issue on Appeal
The sole issue is whether an underse-cured creditor who is stayed by a bankruptcy petition from repossessing its collateral is entitled, under the concept of “adequate protection”, 11 U.S.C.…
2Cases cited31 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Butner v. United StatesSupreme Court of the United States · 1979
- Catlin v. United StatesSupreme Court of the United States · 1945
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
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- Bankr. L. Rep. P 70,524 in Re Cloyd W. Devers and Barbara Devers, Debtors. Cloyd W. Devers and Barbara Devers v. Bank of Sheridan, MontanaCourt of Appeals for the Ninth Circuit · 1985
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