Legal Opinion
Battle Ground Plaza, LLC v. Ray (In Re Ray)
Court of Appeals for the Ninth Circuit
Decided October 25, 2010No. 09-60005PublishedCited by 59 opinions
1Opinion of the Court
OPINION
HAWKINS, Senior Circuit Judge:
On an issue of first impression, we examine whether a bankruptcy court retains jurisdiction over a collateral attack — based on a state breach of contract theory — on its previous sale order, having already approved a Chapter 11 Plan, including the sale of real property, closed the case, overseen payment of creditors, and discharged the debtor. Determining that the bankruptcy court lacked jurisdiction, we reverse the Bankruptcy Appellate Panel (“BAP”) and remand with instructions to vacate the bankruptcy court’s judgment for lack of jurisdiction.
I.…
2Cases cited20 opinions
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
- 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
- In Re Robert Gruntz, Debtor. Robert Gruntz v. Opinion County of Los Angeles Los Angeles District AttorneyCourt of Appeals for the Ninth Circuit · 2000
15 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Wilshire Courtyard v. California Franchise Tax BoardCourt of Appeals for the Ninth Circuit · 2013
- Certain Underwriters at Lloyds, Syndicates 2623/623 v. GACN, Inc. (In Re GACN, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
- Samson v. Blixseth (In re Blixseth)United States Bankruptcy Court, D. Montana · 2012
- In re Temecula Valley Bancorp, Inc.District Court, C.D. California · 2014
- One Longhorn Land I, L.P. v. PresleyDistrict Court, C.D. California · 2015
54 more not listed; retrieve them via the Exa API.