Legal Opinion
In re: Augustine Pena, III
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided May 21, 2019No. BAP EC-18-1098-SLB; Bk. 1:12-bk-13170PublishedCited by 4 opinions
1Opinion of the Court
SPRAKER, Bankruptcy Judge:
INTRODUCTION
Chapter 7 1 debtor Augustine Pena, III, appeals from an order denying his application to recover $ 51,777.03 in unclaimed funds held in the bankruptcy court's registry. The unclaimed funds were rents his chapter 7 trustee collected from Pena's rental properties before the trustee abandoned those properties. The trustee initially tried to pay the rents to the creditors holding security interests in the underlying rental properties, but the secured creditors never cashed the trustee's checks. The trustee thereafter voided the checks and deposited the funds…
2Cases cited15 opinions
- In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
- Harris v. ViegelahnSupreme Court of the United States · 2015
- David A. Morlan v. Universal Guaranty Life Insurance CompanyCourt of Appeals for the Seventh Circuit · 2002
- Patrick E. Catalano v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2002
- Elliott v. Four Seasons Properties (In re Frontier Properties, Inc.)Court of Appeals for the Ninth Circuit · 1992
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3Cited by4 opinions
- In Re: Augustine Pena, IIICourt of Appeals for the Ninth Circuit · 2020
- HSBC Bank USA v. Mohanna CA1/4California Court of Appeal · 2020
- Martin v. GladstoneCalifornia Court of Appeal · 2023
- Rozenman v. BlancoCourt of Appeals of Arizona · 2020