Legal Opinion

Research Group 80-21 v. Kendall (In Re Bergel)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 27, 1995No. BAP No. NC-94-2020-RHV. Bankruptcy No. 93-46450-NK. Adv. No. 94-4119-ANPublishedCited by 8 opinions

1Opinion of the Court

OPINION

RUSSELL, Bankruptcy Judge:

This appeal arises from the granting of a motion for summary judgment in favor of the chapter 7 1 trustee based upon a finding that an abstract of judgment which was recorded 91 days prior to the debtor’s bankruptcy was actually within the 90 day statutory preference period due to an enlargement of that period by Rule 9006(a). The judgment creditor appeals. We REVERSE and REMAND.

I. FACTS

On April 4, 1986, the debtor, Reinhard R. Bergel (“Bergel”) and the appellant, Research Group 80-21 (“RG 80-21”) entered into a written, long term lease of commercial real…

2Cases cited7 opinions

Jeanette Jesinger v. Nevada Federal Credit Union, a Federally-Chartered Credit Union Robert W. FleischmanCourt of Appeals for the Ninth Circuit · 1994
Ira L. Hart v. United StatesCourt of Appeals for the Ninth Circuit · 1987
In Re C.H. Butcher, Jr., Debtor. James R. Martin, Trustee v. First National Bank of LouisvilleCourt of Appeals for the First Circuit · 1987
In Re Victoria Station Incorporated, and Its Subsidiaries. Robert E. Turgeon, Successor Trustee v. Victoria Station IncorporatedCourt of Appeals for the Ninth Circuit · 1988
Deutscher v. O'Neal Steel Corp. (In Re Enterprise Fabricators, Inc.)United States Bankruptcy Court, M.D. Tennessee · 1983

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

3Cited by8 opinions

In Re: Thomas A. Greene, AKA Radiator Service, Inc., and Bobby Jean Greene, Debtors. Mbna America v. Jeffry G. Locke, TrusteeCourt of Appeals for the Ninth Circuit · 2000
Barnes v. General Motors Acceptance Corp. (In Re Ross)United States Bankruptcy Court, W.D. Missouri · 1996
In Re FlugelUnited States Bankruptcy Court, S.D. California · 1996
Capobianco v. Trew (In Re Capobianco)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
Locke v. MBNA America (In Re Greene)District Court, N.D. California · 1998

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