Legal Opinion

Hill & Sandford, LLP v. Mirzai (In Re Mirzai)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided June 29, 1999No. BAP No. CC-98-1195-KJP. Bankruptcy No. ND-93-11060-RRPublishedCited by 16 opinions

1Opinion of the Court

OPINION

KLEIN, Bankruptcy Judge.

This is an appeal from a judgment entered in compliance with a prior bankruptcy appellate panel decision reversing a fee award. The appellant contends that the bankruptcy court did not have authority to enter judgment because there was then pending a timely appeal to the court of appeals from our prior panel’s decision. We agree and REVERSE.

FACTS

The facts present the obverse of our recent decision in Marino v. Classic Auto Refinishing, Inc. (In re Marino), 234 B.R. 767 (9th Cir. BAP 1999).

Appellant Hill & Sandford (“H & S”) was awarded compensation for its…

2Cases cited6 opinions

  1. Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
  2. Newton v. Consolidated Gas Co. of NYSupreme Court of the United States · 1922
  3. Samuelu Masalosalo, a Minor, by Paepae Masalosalo, His Mother and Guardian Ad Litem, and Paepae Masalosalo v. Stonewall Insurance CompanyCourt of Appeals for the Ninth Circuit · 1983
  4. Marino v. Classic Auto Refinishing, Inc. (In Re Marino)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  5. Fed. Sec. L. Rep. P 99,468 Wedbush, Noble, Cooke, Inc. v. Securities and Exchange CommissionCourt of Appeals for the Ninth Circuit · 1983

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

3Cited by16 opinions

  1. In Re: Danny Padilla, Debtor. William T. Neary, United States Trustee for Region 16 v. Danny PadillaCourt of Appeals for the Ninth Circuit · 2000
  2. Thomas v. Namba (In Re Thomas)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  3. Knutson v. Price (In Re Price)United States Bankruptcy Court, E.D. California · 2009
  4. In Re Jore Corp.United States Bankruptcy Court, D. Montana · 2003
  5. Ho v. Dai Hwa Electronics (In Re Ho)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API