Legal Opinion
In Re John F. Flynn, Debtor, Elsie C. Stine v. Richard K. Diamond, Trustee
Court of Appeals for the Ninth Circuit
Decided August 10, 2005No. 03-56340PublishedCited by 10 opinions
1Opinion of the Court
LEAVY, Senior Circuit Judge:
Elsie Stine, the co-owner of real property with the bankruptcy debtor, John Flynn, appeals the Bankruptcy Appellate Panel’s (BAP) decision that she was required to pay a pro-rata share of the attorney’s fees incurred by the bankruptcy trustee during the sale of the property. Stine also appeals the BAP’s decision to permit the trustee to withhold Stine’s share of the sale proceeds. We have jurisdiction under 28 U.S.C. § 158(d), and we reverse.
BACKGROUND
Elsie Stine’s son, John Flynn, filed a Chapter 7 bankruptcy case on July 30, 2001. Richard Diamond was appointed…
2Cases cited3 opinions
- In Re Les Deville, Debtor. In Re Steven J. Dagget, Debtor. In Re Daniel Miller, Debtor. Daniel Miller, Jr. Arlo Hale Smith v. Noreen CardinaleCourt of Appeals for the Ninth Circuit · 2004
- Latman v. BurdetteCourt of Appeals for the Ninth Circuit · 2004
- 15 Collier bankr.cas.2d 1459, Bankr. L. Rep. P 71,522 in Re Golden Plan of California, Inc. State Loan Servicing, Inc. Financial Securities Agency, Inc. Mid-Central California, Inc., Debtors. Jesse Bear v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., Defendant- Al Fox v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., Defendant- Robert Ackerman v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., DefendantCourt of Appeals for the Ninth Circuit · 1987
3Cited by10 opinions
- UTSA Apartments, L.L.C. v. UTSA Apartments 8, (In Re UTSA Apartments 8, L.L.C.)Court of Appeals for the Fifth Circuit · 2018
- In re EidsonUnited States Bankruptcy Court, E.D. Virginia · 2012
- In Re RomanoUnited States Bankruptcy Court, E.D. Pennsylvania · 2007
- Ford v. Duggan (In re Duggan)United States Bankruptcy Court, D. New Hampshire · 2017
- In Re BallUnited States Bankruptcy Court, N.D. West Virginia · 2007
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