Legal Opinion
Commonwealth Financial Corp. v. Franklin (In Re Franklin)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided June 6, 1988No. BAP No. CC-87-1224, JMoV, Bankruptcy No. SA-84-05072 (PE), Adv. No. SA-85-0224PublishedCited by 3 opinions
1Opinion of the Court
OPINION
Before JONES, MOOREMAN and VOLINN, Bankruptcy Judges. JONES, Bankruptcy Judge:
The creditor, Commonwealth Financial Corporation, appeals a bankruptcy court order granting summary judgment in favor of the Debtor, Gus Kit Franklin, dismissing Commonwealth’s nondischargeability complaint. We REVERSE.
FACTS
Over the course of 1981 and 1982 the Appellant, Commonwealth Financial Corporation, loaned the Debtor, Gus Franklin, d/b/a Allied Tree Enterprises, approximately $580,000. Pursuant to a security agreement dated June 22, 1981, Commonwealth was granted a security interest in all of Allied’s…
2Cases cited11 opinions
- Roseleaf Corp. v. ChierighinoCalifornia Supreme Court · 1963
- Glendale Federal Savings & Loan Ass'n v. Marina View Heights Development Co.California Court of Appeal · 1977
- Bank of Hemet v. United StatesCourt of Appeals for the Ninth Circuit · 1981
- American Federation of State, County & Municipal Employees, Local 2051 v. Stephens (In Re Stephens)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1985
- Guild Mortgage Co. v. HellerCalifornia Court of Appeal · 1987
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Franklin v. Commonwealth Financial Corp. (In re Franklin)Court of Appeals for the Ninth Circuit · 1991
- In Re FranklinCourt of Appeals for the Ninth Circuit · 1991
- Presidential Financial Corp. v. Snead (In Re Snead)United States Bankruptcy Court, N.D. Georgia · 1999