Legal Opinion

Bethlahmy v. Kuhlman (In Re ACI-HDT Supply Co.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 24, 1997No. BAP No. SC-96-1318-AsJO, Bankruptcy No. 95-08253-A11, Adv. No. 95-90809-A11PublishedCited by 30 opinions

1Opinion of the Court

OPINION

ASHLAND, Bankruptcy Judge:

STATEMENT OF FACTS

The Appellants herein are plaintiffs in a class action lawsuit filed in the Superior Court of San Diego County on November 21, 1995. In their First Amended Complaint, plaintiffs alleged that they were defrauded of more than $60 million as a result of their investments in Amtel Communication, Inc.’s private pay telephone “sale-lease-baek program.” The complaint alleges causes of action based upon violations of California statutes and common law. The appellants contend that the bankruptcy court erred in denying their motion to remand the…

2Cases cited5 opinions

  1. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  2. Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
  3. In Re Castlerock Properties, Debtor. Piombo Corporation, a California Corporation v. Castlerock Properties, a California Limited PartnershipCourt of Appeals for the Ninth Circuit · 1986
  4. Bankr. L. Rep. P 74,355 in Re Robert Britton, Debtor. Robert Britton v. Mary PriceCourt of Appeals for the Ninth Circuit · 1991
  5. Honigman v. Weitzman (In Re Delorean Motor Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993

3Cited by30 opinions

  1. McCarthy v. Prince (In Re McCarthy)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  2. Nilsen v. Neilson (In Re Cedar Funding, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
  3. In Re Dow Corning Corp.United States Bankruptcy Court, E.D. Michigan · 1997
  4. Telluride Asset Resolution, LLC v. Telluride Global Development, LLC (In Re Telluride Income Growth LP)Bankruptcy Appellate Panel of the Tenth Circuit · 2007
  5. Baker Development Corp. v. Mulder (In Re Mulder)United States Bankruptcy Court, N.D. Illinois · 2004

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