Legal Opinion
In re: Erik Samuel De Jong and Daryl Lynn De Jong
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided August 3, 2018No. AZ-17-1280-FSBa AZ-17-1292-FSBaPublishedCited by 4 opinions
1Opinion of the Court
FARIS, Bankruptcy Judge:
INTRODUCTION
Chapter 11 1 debtors Erik Samuel de Jong and Daryl Lynn de Jong (collectively "Debtors") refused to vacate appellee JLE-04 Parker, L.L.C.'s ("JLE") property for a period of months following termination of their lease. Instead, they continued their profitable dairy operation. After a trial, the bankruptcy court awarded JLE damages based on disgorgement of the relevant portion of the Debtors' net profits plus the value of silage, a form of cow feed, which the Debtors' cows consumed after the lease terminated. The court separately calculated the damages that…
2Cases cited24 opinions
- United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
- Harold Hall v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2012
- Six (6) Mexican Workers v. Arizona Citrus Growers Bodine Produce Company, Inc. Robert Fletcher, D/B/A Fletcher FarmsCourt of Appeals for the Ninth Circuit · 1990
- Donald Stacy v. Carolyn ColvinCourt of Appeals for the Ninth Circuit · 2016
- Retz v. Samson (In Re Retz)Court of Appeals for the Ninth Circuit · 2010
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3Cited by4 opinions
- In Re Orange County Nursery, Inc.District Court, C.D. California · 2019
- In re Orange County Nursery, Inc.District Court, C.D. California · 2019
- In re: David William Bartenwerfer and Kate Marie BartenwerferUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2020
- In re: Francisco Ramirez Ramirez and Aurora Mendez BarajasUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2020