Legal Opinion

Duff v. United States Trustee (In Re California Fidelity)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided June 28, 1996No. BAP No. NC-95-2136-RAsV. Bankruptcy No. 95-10110-AJPublishedCited by 15 opinions

1Opinion of the Court

OPINION

RUSSELL, Bankruptcy Judge:

This appeal arises from the bankruptcy court’s order granting the United States Trustee’s motion for sanctions against the debtor’s principal for soliciting votes within the meaning of § 1125(b) 1 The debtor’s principal appeals. We AFFIRM.

I. FACTS

On January 19, 1995, California Fidelity, Inc., (“CFI” or “debtor”), a real estate mortgage company, filed for chapter 11 bankruptcy relief. The debtor’s bankruptcy petition was signed by its president, Raymond J. Duff (“Duff’ or “appellant”).

On May 1, 1995, the debtor filed it first plan and disclosure statement. The…

2Cases cited12 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. In Re Rainbow Magazine, Inc., Debtor. Craig E. Caldwell v. Unified Capital Corp.Court of Appeals for the Ninth Circuit · 1996
  3. Century Glove, Inc. v. First American Bank of New YorkCourt of Appeals for the First Circuit · 1988
  4. Rhonda J. Rose v. United States of America and United States Postal ServiceCourt of Appeals for the Ninth Circuit · 1990
  5. Plas M. Allen v. Donna E. Shalala, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1995

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3Cited by15 opinions

  1. Computer Task Group, Inc. v. Brotby (In Re Brotby)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  2. Consumer Seven Corp. v. United States Trustee (In Re Fraga)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  3. Hasso v. Mozsgai (In Re La Sierra Financial Services, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  4. Stinson v. Bi-Rite Restaurant Supply Inc. (In Re Stinson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  5. In Re Clamp-All Corp.United States Bankruptcy Court, D. Massachusetts · 1999

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