Legal Opinion
Collateral Funding, Inc. v. Herrera (In Re Herrera)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided September 8, 1982No. BAP No. EC 82-1035 EKH, Bankruptcy No. 281-0946-W, Adv. No. 281-2043PublishedCited by 12 opinions
1Opinion of the Court
OPINION
ELLIOTT, Bankruptcy Judge:
Collateral Funding appeals from an order vacating a foreclosure sale of the debtors’ residence. The foreclosure sale was conducted by the creditor in reliance upon a stipulation terminating the automatic stay of 11 U.S.C. § 362. We reverse.
The debtors filed their Chapter 13 case on March 18, 1981. Appellant filed its complaint to be relieved of stay on April 3, 1981. The debtors answered and the proceeding came on for trial on April 28, 1981, at the request of counsel for the debtors, Melvyn J. Coben, attorney Randolph Cooke appeared with the debtors for…
2Cases cited3 opinions
- United States v. Robert A. RicksCourt of Appeals for the D.C. Circuit · 1973
- Harris v. Spinali Auto Sales, Inc.California Court of Appeal · 1966
- Miller v. Shaw (In Re Shaw)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
3Cited by12 opinions
- First National Bank of Minneapolis v. Kehn Ranch, Inc.South Dakota Supreme Court · 1986
- In Re MinerBankruptcy Appellate Panel of the Second Circuit · 1999
- In Re SanglierUnited States Bankruptcy Court, E.D. Michigan · 1991
- Bryce v. Stivers (In Re Stivers)United States Bankruptcy Court, N.D. California · 1983
- Trust Deed Center, Inc. v. Bank of America National Trust & Savings Ass'nUnited States Bankruptcy Court, C.D. California · 1984
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