Legal Opinion
In Re Los Gatos Lodge Inc., Debtor. Mohamed Poonja v. Alleghany Properties
Court of Appeals for the Ninth Circuit
Decided January 17, 2002No. 00-16916PublishedCited by 30 opinions
1Opinion of the Court
OPINION
THOMAS, Circuit Judge:
In this appeal, we consider whether a bankruptcy trustee may surcharge a creditor for necessary expenses in preserving property pursuant to 11 U.S.C. § 506(c) after the creditor’s secured claim has been disallowed. We conclude that such a surcharge is improper and affirm the judgment of the district court.
I
Dr. Norman E. and Jean P. McFate owned and operated the Los Gatos Lodge and the real property on which it was located. The McFates borrowed $6.25 million from Sacramento Savings Bank (“Sacramento Savings”). The loan was secured by: (1) a deed of trust against…
2Cases cited5 opinions
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- Larry M. Siegel Selwyn Gerber v. The Federal Home Loan Mortgage Corporation J.I. Kislak Mortgage Corporation Gunther Torriani Carolyn PazCourt of Appeals for the Ninth Circuit · 1998
- 15 Collier bankr.cas.2d 1459, Bankr. L. Rep. P 71,522 in Re Golden Plan of California, Inc. State Loan Servicing, Inc. Financial Securities Agency, Inc. Mid-Central California, Inc., Debtors. Jesse Bear v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., Defendant- Al Fox v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., Defendant- Robert Ackerman v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., DefendantCourt of Appeals for the Ninth Circuit · 1987
- 16 Collier bankr.cas.2d 1509, Bankr. L. Rep. P 71,795 in Re Cascade Hydraulics and Utility Service, Inc. Central Bank of Montana, a Montana Banking Corporation v. Cascade Hydraulics and Utility Service, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1987
3Cited by30 opinions
- Campbell v. Verizon Wireless S-CA (In Re Campbell)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
- Shook v. CBIC (In Re Shook)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- In Re Jack Kline Co., Inc.United States Bankruptcy Court, S.D. Texas · 2010
- Fulbright v. United States Department of Education (In Re Fulbright)United States Bankruptcy Court, D. Montana · 2005
- Western States Glass Corp. v. Barris (In Re Bay Area Glass, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
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