Legal Opinion
Palmdale Hills Property, LLC v. Lehman Commercial Paper, Inc.
Court of Appeals for the Ninth Circuit
Decided August 3, 2011No. 10-60004PublishedCited by 99 opinions
1Opinion of the Court
OPINION
N.R. SMITH, Circuit Judge:
An automatic stay imposed by 11 U.S.C. § 362(a) bars actions that would diminish the estate of a debtor in bankruptcy (the first debtor). Therefore, if another (also a debtor in bankruptcy) wants to equitably subordinate the creditor claims of the first debtor, it must seek relief from stay from the first debtor’s home bankruptcy court. We affirm the judgment of the Bankruptcy Appellate Panel (BAP).
FACTS AND PROCEDURAL HISTORY
1. The Loans
Over several years, various Lehman entities 1 entered into credit agreements with the Palmdale Hills, LLC 2 entities. These…
2Cases cited16 opinions
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Mayfield v. United StatesCourt of Appeals for the Ninth Circuit · 2010
- In the Matter of Harry Fondiller, Debtor. Rosalyn Fondiller v. Jerome E. RobertsonCourt of Appeals for the Ninth Circuit · 1983
- In Re P.R.T.C., Inc., Debtor. Duckor Spradling & Metzger v. Baum TrustCourt of Appeals for the Ninth Circuit · 1999
- In Re Richard G. Sherman in Re Andrea Pearl Sherman, Debtors, Richard G. Sherman Andrea Pearl Sherman v. Securities and Exchange CommissionCourt of Appeals for the Ninth Circuit · 2007
11 more not listed; retrieve them via the Exa API.
3Cited by99 opinions
- Dan J. Harkey v. Howard GrobsteinCourt of Appeals for the Ninth Circuit · 2018
- In Re: Nanette SiskCourt of Appeals for the Ninth Circuit · 2020
- Hughes v. Tower Park Properties, LLC (In Re Tower Park Properties, LLC)Court of Appeals for the Ninth Circuit · 2015
- AL Otro Lado, Inc. v. NielsenDistrict Court, S.D. California · 2018
- Cooper v. Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2025
94 more not listed; retrieve them via the Exa API.