Legal Opinion

Barnett v. Edwards (In Re Edwards)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 5, 1997No. BAP No. WW-96-2123-RHRy, Bankruptcy No. 94-31760PublishedCited by 26 opinions

1Opinion of the Court

OPINION

RUSSELL, Bankruptcy Judge.

The bankruptcy court determined that a creditor violated § 362 1 by recording a lis pendens against the debtor’s residence, and awarded sanctions against the creditor and her counsel for violating the stay. The bankruptcy court also denied the creditor’s motion under § 305 for abstention or dismissal of the chapter 13 case. The creditor appeals. We AFFIRM.

I.' FACTS

Appellant Donna Barnett and appellee John Henry Edwards were divorced pursuant to a Decree of Dissolution entered in October, 1990, in the-Superior Court for the State of Washington (the “state…

2Cases cited6 opinions

  1. In Re David Goodman, D/B/A S.F.D. Imports, Sendo Stores, Brass Discount, Debtor. Johnston Environmental Corporation, Successor to International Packaging Corporation, Plaintiff-Appellee-Cross-Appellant v. James E. Knight John A. Knight Mary Katherine Knight, Individually, and Trustees of the Katherine McClellan Knight Revocable Trust Uta June 2, 1987, Defendants- Appellants- Cross-Appellees. In Re David Goodman, D/B/A S.F.D. Imports, Sendo Stores, Brass Discount, Debtor. Johnston Environmental Corporation, Successor to International Packaging Corporation Santa Ana Properties David Goodman v. James E. Knight John A. Knight Mary Katherine Knight, Individually, and Trustees of the Katherine McClellan Knight Revocable Trust Uta June 2, 1987Court of Appeals for the Ninth Circuit · 1993
  2. Franchise Tax Board v. Roberts (In Re Roberts)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  3. Eastman v. Eastman (In Re Eastman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  4. 240 North Brand Partners, Ltd. v. Colony GFP Partners, L.P. (In Re 240 North Brand Partners, Ltd.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  5. Elrod v. Elrod (In Re Elrod)United States Bankruptcy Court, M.D. Georgia · 1988

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3Cited by26 opinions

  1. Heghmann v. Indorf (In Re Heghmann)Bankruptcy Appellate Panel of the First Circuit · 2004
  2. Diviney v. Nationsbank of Texas (In Re Diviney)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
  3. Wechsler v. MacKe International Trade, Inc. (In Re MacKe International Trade, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  4. Santander Consumer, USA, Inc. v. Houlik (In re Houlik)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
  5. Unified People's Federal Credit Union v. Yates (In Re Yates)Bankruptcy Appellate Panel of the Tenth Circuit · 2005

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

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