Legal Opinion

Cho Hung Bank v. Kim (In Re Kim)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 24, 1994No. BAP No. CC-93-1365-MeOPe. Bankruptcy No. LA 92-27121 CA. Adv. No. LA 92-02739 CAPublishedCited by 18 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

The bankruptcy court granted summary judgment in favor of the defendant in a nondischargeability action under Bankruptcy Code (“Code”) Section 523(a)(2) on the basis that the plaintiff had not advanced additional funds in connection with the extension or renewal of credit.

We REVERSE and REMAND.

II

FACTS

The appellant, Cho Hung Bank (“Bank”), held a junior lien on real property located in Glendale, California (“Property”). Apparently the owner of the Property filed for bankruptcy sometime in 1987. In October of 1987 a senior lienholder obtained relief from the…

2Cases cited9 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Caminetti v. United StatesSupreme Court of the United States · 1917
  3. Patterson v. ShumateSupreme Court of the United States · 1992
  4. Toibb v. RadloffSupreme Court of the United States · 1991
  5. Bankr. L. Rep. P 74,355 in Re Robert Britton, Debtor. Robert Britton v. Mary PriceCourt of Appeals for the Ninth Circuit · 1991

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3Cited by18 opinions

  1. In Re HassanallyUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  2. Miserandino v. Resort Properties, Inc.Court of Appeals of Maryland · 1997
  3. Duplessis v. Valenti (In Re Valenti)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  4. Burbank v. Capelli (In Re Capelli)United States Bankruptcy Court, D. Connecticut · 2001
  5. Locke v. United States Trustee (In Re Locke)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996

13 more not listed; retrieve them via the Exa API.

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