Legal Opinion
In Re Eli Kenneth Mellor and Lisa Mellor, Debtors. Raymond G. Pistole and Raymond R. Bragg v. Eli Kenneth Mellor and Lisa Mellor
Court of Appeals for the Ninth Circuit
Decided June 12, 1984No. 83-6153PublishedCited by 124 opinions
1Opinion of the Court
ALARCON, Circuit Judge:
Eli Kenneth Mellor and Lisa Mellor (the Mellors) seek reversal of the decision of the Bankruptcy Appellate Panel which upheld the bankruptcy court’s annulment of the automatic stay.
The bankruptcy court held that relief from the automatic stay of any creditor action against the debtor's estate was proper in this matter because the facts showed that the interest of Raymond G. Pistole and Raymond L. Bragg (the sellers) in the debt- or’s residence (the Upland residence) was inadequately protected. We must decide whether the bankruptcy court may consider junior encumbrances…
2Cases cited15 opinions
- Kalb v. FeuersteinSupreme Court of the United States · 1940
- City National Bank v. San Clemente Estates (In Re San Clemente Estates)United States Bankruptcy Court, S.D. California · 1980
- Heritage Savings & Loan Ass'n v. Rogers Development Corp. (In Re Rogers Development Corp.)United States Bankruptcy Court, E.D. Virginia · 1980
- La Jolla Mortgage Fund v. Rancho El Cajon AssociatesUnited States Bankruptcy Court, S.D. California · 1982
- Sanders v. Tucker (In Re Tucker)United States Bankruptcy Court, S.D. New York · 1980
10 more not listed; retrieve them via the Exa API.
3Cited by124 opinions
- In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
- In the Matter of John Joseph METZ, Debtor. DOWNEY SAVINGS AND LOAN ASSOCIATION, Appellant, v. John Joseph METZ, AppelleeCourt of Appeals for the Ninth Circuit · 1987
- Wagner v. Ivory (In Re Wagner)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re Commercial Western Finance Corporation, a California Corporation, Debtor. Bernard J. Brady and Paul L. Disderdick v. Paul B. Andrew, Trustee, Frank B. Amsbaugh v. Paul B. Andrew, Bailey Toplin, Parties-In-Interest v. Commercial Western Finance Corp., Debtor-Appellant. Raymond E. Brooks, Claimants-Appellants v. Paul B. Andrew, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1985
- STEPHENS INDUSTRIES, INC., Plaintiff-Appellant, v. James R. McCLUNG, Trustee in Bankruptcy, Etc., Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1986
119 more not listed; retrieve them via the Exa API.