Legal Opinion

Bank of Honolulu v. Anderson (In Re Anderson)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 19, 1986No. Bankruptcy No. 83-00089, BAP No. HI-85-1505-MeAsEPublishedCited by 16 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

This appeal presents the issue of whether, under Section 506(c) of the Bankruptcy Code, a real estate broker is entitled to payment from the proceeds of the sale of property it arranged before the secured creditor has been paid in full. The trial court allowed such payment. We AFFIRM.

II

FACTS

The principal asset of the Debtor, Lilly C. Anderson, was real property located at 565 Portlock Road in Honolulu. The Bank of Honolulu (“Bank”) was secured by a vendor’s lien in the Portlock property. Over the objection of the Bank, a trustee was appointed on December 20,…

2Cases cited10 opinions

  1. In the Matter of Trim-X, Inc., Debtor. Appeal of Maurice Levine, Trustee in BankruptcyCourt of Appeals for the Seventh Circuit · 1983
  2. In Re Codesco, Inc.United States Bankruptcy Court, S.D. New York · 1982
  3. Sells v. Sonoma v (In Re Sonoma V)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
  4. In Re WyckoffUnited States Bankruptcy Court, W.D. Michigan · 1985
  5. In Re Proto-Specialties, Inc.United States Bankruptcy Court, D. Arizona · 1984

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3Cited by16 opinions

  1. Debbie Reynolds Hotel & Casino, Inc. v. Calstar Corp. (In re Debbie Reynolds Hotel & Casino, Inc.)Court of Appeals for the Ninth Circuit · 2001
  2. In Re SwannUnited States Bankruptcy Court, D. South Dakota · 1993
  3. Bank of Honolulu v. Anderson (In Re Anderson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  4. Golden v. Chicago Title Insurance (In Re Choo)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  5. Max Rouse & Sons, Inc. v. Specialty Plywood, Inc. (In Re Specialty Plywood, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993

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