Legal Opinion
Goldberg v. Rose (In Re Cloverleaf Properties)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided September 16, 1987No. BAP No. SC-86-1894, Bankruptcy No. 83-00158-M7, Adv. No. C84-0004-M7PublishedCited by 7 opinions
1Opinion of the Court
OPINION
JONES, Bankruptcy Judge:
John Rose, a partner in the debtor partnership, appeals an order of the bankruptcy court requiring him to turnover to the trustee $11,468.29 in unauthorized postpetition payments. We reverse.
FACTS
Cloverleaf Properties is a California partnership composed of three general partners: Howard McCluan, John Rose and Nolan Wright. On January 13, 1983, McCluan, acting alone, filed a voluntary Chapter 11 petition in the name of the partnership. An order for relief was entered the same day. McCluan, Rose and Wright were all listed on the petition as partners, but the…
2Cases cited5 opinions
- In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
- In Re Alpine Lumber and NurseryUnited States Bankruptcy Court, S.D. California · 1981
- Matter of RS Pinellas Motel PartnershipUnited States Bankruptcy Court, M.D. Florida · 1980
- Still v. Peoples National Bank (In Re Baker)United States Bankruptcy Court, E.D. Tennessee · 1985
- In Re SeychellesUnited States Bankruptcy Court, N.D. Texas · 1982
3Cited by7 opinions
- In Re Memphis-Friday's AssociatesUnited States Bankruptcy Court, W.D. Tennessee · 1988
- In Re SWG AssociatesUnited States Bankruptcy Court, W.D. Pennsylvania · 1996
- O'Connell v. Three Park Avenue Building Co. (In Re Blutrich Herman & Miller)United States Bankruptcy Court, S.D. New York · 1998
- In re Loverin RanchUnited States Bankruptcy Court, D. Oregon · 2013
- IN RE MARY F WOLFSON, AS TRUSTEE v. BLAIR HOUSE ASSOCIATES LIMITED PARTNERSHIPDistrict Court, D. Maine · 2023
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