Legal Opinion

Dalessio v. Pauchon (In Re Dalessio)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided June 15, 1987No. BAP No. EC 85-1055-AsVE, BK No. 283-02189-W-11PublishedCited by 47 opinions

1Opinion of the Court

OPINION

ASHLAND, Bankruptcy Judge:

The debtors appeal from an order entered on March 4, 1985 awarding payment of attorney’s fees, costs, and late charges to a secured creditor.

We affirm in part and remand in part.

STATEMENT OF FACTS

In June of 1982, the debtors borrowed $60,000 from Hamilton Mortgage Company, Inc. The promissory note was secured by a second trust deed on the debtors’ residential property located in Benicia, California.

The debtors fell behind in their payments and Hamilton initiated a foreclosure proceeding. The foreclosure was stayed pursuant to 11 U.S.C. § 362 when the debtors…

2Cases cited5 opinions

  1. In Re Nucorp Energy, Inc., an Ohio Corporation, and Its Affiliates, Debtors. Luce, Forward, Hamilton & ScrippsCourt of Appeals for the Ninth Circuit · 1985
  2. In Re CareyUnited States Bankruptcy Court, S.D. California · 1981
  3. MACK FINANCIAL CORPORATION, Appellee, v. Dianna Marshall IRESON, Virginia Bankers Associations, Appellant. Amicus CuriaeCourt of Appeals for the Fourth Circuit · 1986
  4. In the Matter of Meade Land and Development Co., Inc., Bankrupt. Appeal of Eastgate Enterprises, Inc., CreditorCourt of Appeals for the Third Circuit · 1978
  5. Fitzsimmons v. JacksonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1985

3Cited by47 opinions

  1. In Re Adelphia Communications Corp.United States Bankruptcy Court, S.D. New York · 2007
  2. Fischer Enterprises, Inc. v. Geremia (In Re Kalian)United States Bankruptcy Court, D. Rhode Island · 1995
  3. Meritor Mortgage Corp. v. Salazar (In Re Salazar)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
  4. In Re Apple Tree Partners, L.P.United States Bankruptcy Court, W.D. Tennessee · 1991
  5. Law Offices of Boone v. Derham-Burk (In Re Eliapo)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003

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