Legal Opinion

Equitable Mortgage Co. v. Fishman

Court of Appeals for the Ninth Circuit

Decided April 6, 1981No. 78-1380PublishedCited by 1 opinion

1Opinion of the Court

FLETCHER, Circuit Judge:

Equitable Mortgage and Kelban & Associates, beneficiaries under two deeds of trust, appeal from the denial of their claim in bankruptcy to rents generated by the encumbered property from the date of bankruptcy until the property was abandoned to the debtor. The district court affirmed. We have jurisdiction to review under 11 U.S.C. § 47 (1976). Although we agree with appellants that the bankruptcy court failed to give proper legal effect to the assignment-of-rents provisions in the deeds of trust, appellants have not shown the existence of any debt owed to them to…

2Cases cited10 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Cornelison v. KornbluthCalifornia Supreme Court · 1975
  3. Lewis v. AndersonCourt of Appeals for the Ninth Circuit · 1979
  4. Kinnison v. Guaranty Liquidating Corp.California Supreme Court · 1941
  5. Associated Co. v. GreenhutCourt of Appeals for the Third Circuit · 1933

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3Cited by1 opinion

  1. Charles Stapp of Nevada, Inc. v. FishmanCourt of Appeals for the Ninth Circuit · 1981

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