Legal Opinion

Meritor Mortgage Corp. v. Salazar (In Re Salazar)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 3, 1987No. BAP No. CC 86-1980 MoMeJ, Bankruptcy No. LA 86-07121 GM, Adv. No. M6-04398 GMPublishedCited by 28 opinions

1Opinion of the Court

OPINION

MOOREMAN, Bankruptcy Judge:

Meritor Mortgage Corporation, West (“Meritor”) appeals from an order of the bankruptcy court refusing Meritor’s request for reasonable attorney’s fees under section 506(b) of the Bankruptcy Code.

The trial court’s order denying attorney’s fees to the appellant was expressly predicated on the Ninth Circuit case of In re Johnson, 756 F.2d 738 (9th Cir.1985). After reviewing the trial court’s Finding’s of Fact and Conclusions of Law, we conclude that the Johnson decision is inapplicable to the instant case.

FACTS

The bankruptcy court made the following findings of…

2Cases cited4 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Dalessio v. Pauchon (In Re Dalessio)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
  3. In Re CareyUnited States Bankruptcy Court, S.D. California · 1981
  4. Great Western Savings v. Dominguez (In Re Dominguez)United States Bankruptcy Court, C.D. California · 1985

3Cited by28 opinions

  1. In Re Kord Enterprises Ii, a California Partnership, Debtor. Kord Enterprises Ii, a California Partnership v. California Commerce BankCourt of Appeals for the Ninth Circuit · 1998
  2. Takisaki v. Alpine Group, Inc. (In Re Alpine Group, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
  3. Hassen Imports Partnership v. KWP Financial VI (In Re Hassen Imports Partnership)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  4. Citybank v. Udhus (In Re Udhus)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  5. Pasatiempo Properties v. Le Marquis Associates (In Re Le Marquis Associates)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987

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