Legal Opinion

Mark St. Angelo, Acting U.S. Trustee for Region 17 v. Victoria Farms, Inc.

Court of Appeals for the Ninth Circuit

Decided November 1, 1994No. 93-15254PublishedCited by 100 opinions

1Opinion of the Court

Opinion by Judge REINHARDT; Partial Concurrence and Partial Dissent by Judge POOLE.

*1528REINHARDT, Circuit Judge:

I. Facts

In 1979, debtor Victoria Farms, Inc. (“Victoria Farms”) mortgaged its farm to Equitable Life Assurance Society of the United States (“Equitable”). See S.E.R. tab 1, Ex. A, at 7. The mortgage took the form of a “deed of trust,” which simply granted Equitable a lien on the property. In return, Victoria Farms received $350,000.00.

In 1988, Victoria Farms mortgaged its farm to a second creditor, Visalia Production Credit Association (“Visalia”). See id. at 9. This second mortgage…

2Cases cited25 opinions

  1. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  2. Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
  3. Perrin v. United StatesSupreme Court of the United States · 1979
  4. Regional Rail Reorganization Act CasesSupreme Court of the United States · 1974
  5. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976

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3Cited by100 opinions

  1. Menk v. Lapaglia (In Re Menk)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  2. Elaine Marshall v. J. Marshall, IiiCourt of Appeals for the Ninth Circuit · 2013
  3. Schultz v. United StatesCourt of Appeals for the Sixth Circuit · 2008
  4. Mark St. Angelo, Acting U.S. Trustee for Region 17 v. Victoria Farms, Inc.Court of Appeals for the Ninth Circuit · 1995
  5. Siegel v. FitzgeraldSupreme Court of the United States · 2022

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