Legal Opinion
Ho v. Dai Hwa Electronics (In Re Ho)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided August 1, 2001No. BAP No. CC-01-1345. Bankruptcy No. LA 01-16532 ERPublishedCited by 2 opinions
1Opinion of the Court
ORDER
This is an appeal from an order dismissing appellant’s chapter 13 bankruptcy case. Appellant has requested the Bankruptcy Appellate Panel (“BAP”) grant a stay of the order pending appeal.
We publish to resolve any confusion regarding the bankruptcy court’s ability to stay its own order after a notice of appeal has been filed.
FACTS
Appellant Jennifer Ho filed a voluntary petition under chapter 13 of the Bankruptcy Code on March 9, 2001. At that time, appellant was the defendant in a pending state court lawsuit brought by appellee Dai Hwa Electronics (“Dai Hwa”). Dai Hwa objected to…
2Cases cited5 opinions
- In Re Adams Apple, Inc., Debtor. Robert C. Burchinal, Donald G. Ott, Meton G. Raine, Karen O. Raine, John Ruud, Richard H. Mason, Phyllis Mason, Richard Floren, Rachel Floren, Kenneth R. Irwin, Sharon Irwin, Richard J. Willsey and Cheri Ann Willsey, Plaintiffs v. Central Washington Bank, Bank of California v. Central Washington BankCourt of Appeals for the Ninth Circuit · 1987
- Newton v. Consolidated Gas Co. of NYSupreme Court of the United States · 1922
- Natural Resources Defense Council, Inc. San Diego Baykeeper, Inc. Kenneth J. Moser v. Southwest Marine IncorporatedCourt of Appeals for the Ninth Circuit · 2001
- Hill & Sandford, LLP v. Mirzai (In Re Mirzai)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- Mastro v. Rigby (In Re Imperial Real Estate Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
3Cited by2 opinions
- Acton v. Fullmer (In Re Fullmer)United States Bankruptcy Court, D. Nevada · 2005
- HARADA FAMILY DENTAL CARE, P.C. v. STRATEGIC FUNDING SOURCE, INCUnited States Bankruptcy Court, D. Montana · 2025