Legal Opinion

In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-Appellee

Court of Appeals for the Ninth Circuit

Decided June 4, 1984No. 83-5806PublishedCited by 309 opinions

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

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. Catlin v. United StatesSupreme Court of the United States · 1945
  4. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  5. Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964

26 more not listed; retrieve them via the Exa API.

3Cited by309 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. In Re Sonnax Industries, Inc., Debtor. Sonnax Industries, Inc. v. Tri Component Products Corp.Court of Appeals for the Second Circuit · 1990
  3. In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
  4. Ritzen Group, Inc. v. Jackson Masonry, LLCSupreme Court of the United States · 2020
  5. 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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