Legal Opinion

Cruz v. Stein Strauss Trust 1361 (In Re Cruz)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 29, 2014No. BAP CC-13-1554-KiTaD; Bankruptcy 06:13-20368-MHPublishedCited by 25 opinions

1Opinion of the Court

OPINION

KIRSCHER, Bankruptcy Judge.

Guido Yard Cruz (“Cruz”) appeals the order granting the motion of PDQ Investments, LLC as trustee for the Stein Strauss Trust # 1361 (“SS Trust”) to annul retroactively the automatic stay or, in the alternative, to confirm that no stay was in effect, and he appeals the order denying reconsideration of the prior order. We AFFIRM.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. Prepetition events

Mr. Doo Ko obtained a loan from Indy-Mac Bank, FSB (“IndyMac”) to purchase a residence located on Stein Strauss Street in Fullerton, California (“Property”). The deed of…

2Cases cited21 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  3. TrafficSchool.com, Inc. v. Edriver Inc.Court of Appeals for the Ninth Circuit · 2011
  4. In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
  5. Elizabeth Albright Latshaw v. Trainer Wortham & Company, Inc., a Corporation Robert J. Vile, a Natural PersonCourt of Appeals for the Ninth Circuit · 2006

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3Cited by25 opinions

  1. In re: Christopher Michael Marino and Valerie Margaret MarinoUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
  2. In re ZubenkoUnited States Bankruptcy Court, E.D. California · 2015
  3. Farms, LLC v. IsomIdaho Supreme Court · 2023
  4. In re WilliamsUnited States Bankruptcy Court, N.D. Texas · 2015
  5. Wells Fargo Bank, N.A. v. 1278 Village Run Trust (In re 1278 Village Run Trust)United States Bankruptcy Court, N.D. Georgia · 2017

20 more not listed; retrieve them via the Exa API.

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