Legal Opinion
Sobel Building Development Partners v. Broach (In re Sexton)
District Court, N.D. California
Decided April 19, 1994No. Bankruptcy No. 93-41156-TR; Adv. No. 93-4659 ATPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
LESLIE TCHAIKOVSKY, Bankruptcy Judge.
Plaintiff Sobel Building Development Partners (“Sobel”) seeks declaratory relief against William H. Broach (the “Trustee”) declaring its right to a fund of $71,000 (the “Sale Proceeds”) in the Trustee’s possession. The Trustee moves to dismiss the complaint for failure to state a claim. For the reasons stated below, the motion is granted without prejudice. Although the two theories pleaded are not legally sufficient, it appears that Sobel is capable of pleading a legally sufficient claim.
SUMMARY OF FACTS
For the purpose of determining…
2Cases cited14 opinions
- In Re Unicom Computer CorporationCourt of Appeals for the Ninth Circuit · 1994
- Russell v. LandrieuCourt of Appeals for the Ninth Circuit · 1980
- Prewitt v. North Coast Village, Ltd. (In Re North Coast Village, Ltd.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
- T W M Homes, Inc. v. Atherwood Realty & Investment Co.California Court of Appeal · 1963
- United States v. Thomas Moore PeggCourt of Appeals for the Ninth Circuit · 1986
9 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- National City Bank v. Lapides (In Re Transcolor Corp.)United States Bankruptcy Court, D. Maryland · 2003
- In Re Advent Management Corporation, Debtor. Taylor Associates v. Lawrence A. Diamant, Chapter 7 TrusteeCourt of Appeals for the Ninth Circuit · 1997
- Freitag v. La Jolla Bridge, LLCDistrict Court, S.D. California · 2022