Legal Opinion

Eighty South Lake, Inc. v. Bank of America N.T. & S.A. (In Re Eighty South Lake, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 4, 1987No. BAP No. CC 86-1738 MoVJ, Bankruptcy No. LA 85-17785-LFPublishedCited by 22 opinions

1Opinion of the Court

OPINION

MOOREMAN, Bankruptcy Judge:

This appeal arises out of the trial court’s order awarding sanctions in favor of Bank of America in the amount of $18,960. We AFFIRM.

FACTS

The debtor’s attorney prepared and filed a voluntary Chapter 11 petition on behalf of the debtor Eighty South Lake, Inc. Soon after the filing, the appellees filed separate motions to dismiss and Bank of America (“Bank”) requested sanctions, alleging the bad faith of the debtor and its attorney (“appellants”). At the conclusion of the three day evidentiary hearing on the motion, the trial court determined that the filing…

2Cases cited5 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Hewitt v. City of StantonCourt of Appeals for the Ninth Circuit · 1986
  3. Barona Group of the Capitan Grande Band of Mission Indians v. American Management & Amusement, Inc.Court of Appeals for the Ninth Circuit · 1987
  4. In Re Eighty South Lake, Inc.United States Bankruptcy Court, C.D. California · 1986
  5. Brunson v. Rice (In Re Rice)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1981

3Cited by22 opinions

  1. In Re PowersUnited States Bankruptcy Court, C.D. California · 1991
  2. Caldwell v. Farris (In Re Rainbow Magazine, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
  3. Determan v. Sandoval (In Re Sandoval)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  4. Lawson v. Tilem (In Re Lawson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
  5. In Re N.R. Guaranteed Retirement, Inc.United States Bankruptcy Court, N.D. Illinois · 1990

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