Legal Opinion

Citybank v. Udhus (In Re Udhus)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 5, 1998No. BAP No. WW-97-1630-HMeR, Bankruptcy No. 95-10445PublishedCited by 16 opinions

1Opinion of the Court

OPINION

HAGAN, Bankruptcy Judge.

I

The Appellant, CityBank, loaned the Ap-pellee, Donald Udhus, doing business as Times Square Antique and Craft Mall, $595,-714.04, secured by real property known as the Times Square Antique & Craft Mall. Udhus defaulted in his payments and filed a chapter 11 1 petition. His third chapter 11 plan provided for a sale of the real property at a price sufficient to allow payment of all creditors in full. The plan also provided for a cure of the default in the CityBank loan. CityBank filed a claim in the chapter 11 case including demands for default interest and…

2Cases cited17 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
  4. In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
  5. In the Matter of Madison Hotel Associates, D/B/A the Concourse Hotel, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1984

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3Cited by16 opinions

  1. Southland Corp. v. Toronto-Dominion (In Re Southland Corp.)Court of Appeals for the Fifth Circuit · 1998
  2. Beneke Co. v. Economy Lodging Systems, Inc. (In Re Economy Lodging Systems, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
  3. In Re Sylmar Plaza, L.P. In Re Steven Henry Hornwood in Re Rita Holtzman Hornwood in Re Roberta May Hornwood, Debtors. Platinum Capital, Inc. v. Sylmar Plaza, L.P. Rita Holtzman Hornwood Steven Henry Hornwood Roberta May HornwoodCourt of Appeals for the Ninth Circuit · 2002
  4. Hassen Imports Partnership v. KWP Financial VI (In Re Hassen Imports Partnership)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  5. In Re Phoenix Business Park Ltd. PartnershipUnited States Bankruptcy Court, D. Arizona · 2001

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