Legal Opinion

In re Arce Riverside, LLC

United States Bankruptcy Court, N.D. California

Decided September 28, 2015No. Bankruptcy Case No. 13-32456DM (Jointly Administered with Case No. 13-32457)PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM DECISION ON OBJECTION TO SECOND AMENDED CLAIM

DENNIS MONTALI, U.S. Bankruptcy Judge

I. INTRODUCTION

On September 1st and 2nd, 2015, the court conducted a trial on the Debtors’ Objection to the Second Amended Claim of Penn Equities, LLC, (“Penn”), and on September 3rd the court heard closing argument from counsel for the parties. At that point the matter was submitted for decision. The court then asked for further briefing on a discrete question, discussed, infra.

As explained below, the court will sustain the objection and enter an order disallowing the interest paid and ordering it…

2Cases cited21 opinions

  1. Ghirardo v. AntonioliCalifornia Supreme Court · 1994
  2. Thomas v. Hunt Manufacturing Corp.California Supreme Court · 1954
  3. Janisse v. Winston Investment Co.California Court of Appeal · 1957
  4. Fazzi v. PetersCalifornia Supreme Court · 1968
  5. Epstein v. FrankCalifornia Court of Appeal · 1981

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3Cited by1 opinion

  1. In re: E. Mark MoonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2023

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