Legal Opinion

Ashford v. Consolidated Pioneer Mortgage (In Re Consolidated Pioneer Mortgage)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 27, 1995No. BAP No. SC-94-1452-RHJ. Bankruptcy No. 91-00214-M11PublishedCited by 96 opinions

1Opinion of the Court

OPINION

RUSSELL, Bankruptcy Judge:

The appellants filed a proof of claim based on § SGSQ). 1 The reorganized debtor/appel-lee filed an objection to the appellants’ claim alleging, inter alia, that no amount was owed to the appellants. After several hearings, the bankruptcy court disallowed the claim in full. We AFFIRM.

I. FACTS

On June 6, 1992, the appellants, Burk N. and Theresa T. Ashford (“Ashfords”) filed a proof of claim based upon damages arising under § 365(j). 2 The Ashfords assert that the damages arose when the debtor, Consolidated Pioneer Mortgage Entities (“Pioneer”) 3 rejected a…

2Cases cited15 opinions

  1. In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985
  2. In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1991
  3. In Re Christina Thompson, Debtor. Sanford A. Kowal v. Charles M. MalkemusCourt of Appeals for the First Circuit · 1992
  4. Whitney v. DresserSupreme Court of the United States · 1906
  5. In Re John R. Kolstad, Debtor. United States of America (Internal Revenue Service) v. John R. KolstadCourt of Appeals for the Fifth Circuit · 1991

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3Cited by96 opinions

  1. Heath v. American Express Travel Related Services Co. (In Re Heath)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  2. Garner v. Shier (In Re Garner)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  3. Campbell v. Verizon Wireless S-CA (In Re Campbell)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  4. In Re WatermanUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
  5. In Re HughesUnited States Bankruptcy Court, E.D. Michigan · 2004

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