Legal Opinion

Carl I. Brown & Co. v. Anderson (In Re Anderson)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 17, 1996No. BAP No. AZ-95-1795-AsJH. Bankruptcy No. 95-00685-PHX-RGMPublishedCited by 6 opinions

1Opinion of the Court

OPINION

ASHLAND, Bankruptcy Judge:

STATEMENT OF FACTS

On December 22, 1994, the appellant Carl I. Brown and Company commenced a trustee sale to foreclose its deed of trust against the debtors’ residence. The foreclosure sale date was set for March 24, 1995. On January 25, 1995, the debtors Harold and Betty Anderson filed a Chapter 13 petition. Their case was subsequently dismissed on February 16, 1995 for failure to file a master mailing list of creditors as required by Federal Rule of Bankruptcy Procedure 1007.

On March 23, 1995, one day prior to the scheduled trustee sale, the debtors filed a…

2Cases cited5 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Bankr. L. Rep. P 70,935 Vance L. Ragsdale v. John Frederick Haller AKA Fred HallerCourt of Appeals for the Ninth Circuit · 1986
  3. Tome v. Baer (In Re Tome)United States Bankruptcy Court, C.D. California · 1990
  4. In Re AcostaUnited States Bankruptcy Court, D. Arizona · 1995
  5. Peters v. Mason-McDuffie Mortgage Corp. (In Re Peters)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995

3Cited by6 opinions

  1. Nicholson v. Nagel (In Re Nagel)District Court, D. Arizona · 1999
  2. Atlas MacHine & Iron Works, Inc. v. Bethlehem Steel Corp. (In Re Atlas MacHine & Iron Works, Inc.)United States Bankruptcy Court, E.D. Virginia · 1998
  3. Nghiem v. Ghazvini (In Re Nghiem)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
  4. Hills v. OCWEN Federal Bank, FSB (In Re Hills)United States Bankruptcy Court, D. Arizona · 2002
  5. In Re DuncanUnited States Bankruptcy Court, D. Arizona · 1997

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