Legal Opinion

In Re Demetrius Koubourlis Toni J. Koubourlis, Debtors. Robert William Akers v. Demetrius Koubourlis Toni J. Koubourlis

Court of Appeals for the Ninth Circuit

Decided March 13, 1989No. 87-3789PublishedCited by 36 opinions

1Per curiam

In this case, we must decide whether summary judgment was proper on the question of insolvency in a petition for bankruptcy. We find summary judgment was improper and, accordingly, reverse the Bankruptcy Appellate Panel (BAP).

FACTS AND PROCEEDINGS BELOW

On November 1, 1985, Robert Akers (“Akers”) was awarded judgment against the debtors, Demetrius and Toni Koubour-lis (“Koubourlises”), in Idaho state court. On two causes of action, Akers obtained two judgments; one for $115,883.43 and the other for $244,908.81. The judgments were made pursuant to enforcement of an approved settlement agreement…

2Cases cited5 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 Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
In the Matter of Emerald Oil Co., Debtor. William C. Sandoz, Trustee, Cross-Appellant v. Fred Wilson Drilling Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1983
In Re Colonial Discount CorporationCourt of Appeals for the Seventh Circuit · 1986
In Re Wolf & VineCourt of Appeals for the Ninth Circuit · 1987

3Cited by36 opinions

In Re Kaypro, Debtor. Arrow Electronics, Inc. v. Howard Justus, Trustee, in Re Kaypro, Debtor. Arrow Electronics, Inc., Successor-In-Interest to Schweber Electronics, Inc. v. Howard Justus, TrusteeCourt of Appeals for the Ninth Circuit · 2000
Oney v. Weinberg (In Re Wienberg)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
Coated Sales, Inc. v. First Eastern Bank, N.A. (In Re Coated Sales, Inc.)United States Bankruptcy Court, S.D. New York · 1992
Pajaro Dunes Rental Agency, Inc. v. Spitters (In Re Pajaro Dunes Rental Agency, Inc.)United States Bankruptcy Court, N.D. California · 1994
United States Lines (S.A.), Inc. v. United States (In Re McLean Industries, Inc.)United States Bankruptcy Court, S.D. New York · 1991

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