Legal Opinion
In Re Robert L. Mills, Debtor. Robert L. Mills v. Sdrawde Titleholders, Inc., a California Corporation
Court of Appeals for the Ninth Circuit
Decided March 2, 1988No. 87-5960PublishedCited by 10 opinions
1Opinion of the Court
KOZINSKI, Circuit Judge:
The issue in this bankruptcy case is whether a debtor’s failure to make repairs on property subject to a purchase money lien gives the mortgagee a non-dischargea-ble claim for tortious waste under CaLCiv. Code § 2929 (West 1974).
Background
On December 31, 1980, Robert L. Mills purchased the Beverly Hotel, a hotel for low-income transients, from Martin Edwards for $900,000. Before taking possession on March 1, 1981, Mills made a down payment of $100,000, and gave Edwards a wrap-around deed of trust for the balance of the purchase price. When Mills took possession of the…
2Cases cited4 opinions
- Cornelison v. KornbluthCalifornia Supreme Court · 1975
- Hickman v. MulderCalifornia Court of Appeal · 1976
- Krone v. GoffCalifornia Court of Appeal · 1975
- Sdrawde Titleholders, Inc. v. Mills (In Re Mills)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
3Cited by10 opinions
- Itule v. Metlease, Inc. (In Re Itule)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- Thompson v. Roland (In Re Roland)United States Bankruptcy Court, S.D. New York · 2003
- Nippon Credit Bank, Ltd. v. 1333 N. Cal. BoulevardCalifornia Court of Appeal · 2001
- Johnson v. Keller (In Re Keller)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
- Ackley State Bank v. HauptSupreme Court of Iowa · 1990
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