Legal Opinion

Fadel v. DCB United LLC (In Re Fadel)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided May 31, 2013No. BAP CC-12-1061-KiDMk; Bankruptcy RS 11-33453-MJPublishedCited by 29 opinions

1Opinion of the Court

OPINION

KIRSCHER, Bankruptcy Judge.

Appellee, DCB United, LLC, Trustee of the Eisenhower UDT 7-22-11 (“DCB”), purchased a single family residence located in La Quinta, California (the “Property”) at a foreclosure sale on July 22, 2011, two days after appellant, debtor Fanda Hezam Fadel (“Mrs. Fadel”), filed her chapter 13 1 bankruptcy petition. At the time of the foreclosure sale, Mrs. Fadel resided in the Property with her husband, Mohamed Fadel (“Mr. Fadel”), and their seven children. Despite Mrs. Fadel’s claims to the contrary, the bankruptcy court ultimately determined that she did not hold…

2Cases cited36 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  3. Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
  4. Zimmerman v. City of OaklandCourt of Appeals for the Ninth Circuit · 2001
  5. In Re Commercial Western Finance Corporation, a California Corporation, Debtor. Bernard J. Brady and Paul L. Disderdick v. Paul B. Andrew, Trustee, Frank B. Amsbaugh v. Paul B. Andrew, Bailey Toplin, Parties-In-Interest v. Commercial Western Finance Corp., Debtor-Appellant. Raymond E. Brooks, Claimants-Appellants v. Paul B. Andrew, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1985

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3Cited by29 opinions

  1. Heritage Pacific Financial, LLC v. Montano (In Re Montano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  2. In re: Clifford Allen Brace, Jr.United States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
  3. Ada Conde-Vidal v. Rene Pinto LugoBankruptcy Appellate Panel of the First Circuit · 2020
  4. Aspen Skiing Co. v. Cherrett (In Re Cherrett)Court of Appeals for the Ninth Circuit · 2017
  5. Aspen Skiing Co. v. Cherrett (In Re Cherrett)Court of Appeals for the Ninth Circuit · 2017

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