Legal Opinion
Eden Place v. Sholem Perl
Court of Appeals for the Ninth Circuit
Decided January 8, 2016No. 14-60039PublishedCited by 62 opinions
1Opinion of the Court
Opinion by Judge RAWLINSON; Dissent by Judge WATFORD.
OPINION
RAWLINSON, Circuit Judge:
Appellant Eden Place, LLC (Eden Place), appeals the decision of the Bankruptcy Appellate Panel (BAP) affirming the bankruptcy court’s determination that Eden Place violated the automatic stay provisions of the Bankruptcy Code by evicting Debtor Sholem Perl (Perl) from a residential property. Because we conclude that Perl had no legal or equitable interest remaining in the property at the time of his eviction, we reverse the bankruptcy court’s ruling that Eden Place violated the automatic stay.
I. BACKGROUND 1
A.…
2Cases cited33 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Bullard v. Blue Hills BankSupreme Court of the United States · 2015
- In Re Thomas James Dyer, Debtor. Nancy Knupfer, Trustee v. John Lindblade, in Re Thomas James Dyer, Debtor, John Lindblade v. Nancy Knupfer, TrusteeCourt of Appeals for the Ninth Circuit · 2003
- In Re Bonner Mall Partnership, Debtor. Bonner Mall Partnership v. U.S. Bancorp Mortgage Co.Court of Appeals for the Ninth Circuit · 1993
- Rosson v. Fitzgerald (In Re Rosson)Court of Appeals for the Ninth Circuit · 2008
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3Cited by62 opinions
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- Ritzen Grp., Inc. v. Jackson Masonry, LLC (In Re Jackson Masonry, LLC)Court of Appeals for the Sixth Circuit · 2018
- Ocwen Loan Servicing v. Christopher MarinoCourt of Appeals for the Ninth Circuit · 2020
- In re JohnsonUnited States Bankruptcy Court, S.D. Ohio · 2016
- Bank of N.Y. Mellon v. DeMatteisAppellate Division of the Supreme Court of the State of New York · 2023
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