Legal Opinion
Kir Temecula, L.P. v. LPM Corp. (In Re LPM Corp.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided July 27, 2001No. BAP No. SC-00-1648-RyKMa. Bankruptcy No. 00-00742-A7PublishedCited by 2 opinions
1Opinion of the Court
OPINION
RYAN, Bankruptcy Judge.
After LPM Corporation, dba La Jolla Patio & Mattress (“Debtor”), filed a chapter 11 1 petition, Debtor failed to make timely payments of postpetition rent. Later, the bankruptcy court deemed Debtor’s lease with Kir Temecula L.P. (“Kir Teme-cula”) rejected and ordered Debtor to (1) surrender the leased premises and (2) pay Kir Temecula $43,529.08 within two weeks (the “Rejection Order”).
When Debtor failed to timely pay, Kir Temecula obtained a writ of execution from the bankruptcy court. Kir Temecula then served a notice of levy on North County Bank (the “Bank”),…
2Cases cited12 opinions
- In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- In Re Robert Gruntz, Debtor. Robert Gruntz v. Opinion County of Los Angeles Los Angeles District AttorneyCourt of Appeals for the Ninth Circuit · 2000
- Great Western Saving Bank v. Orvco, Inc. (In Re Orvco, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
- Dwight A. Ward v. Commissioner of Internal Revenue, Hanna P. Ward v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1955
- In Re Pacific-Atlantic Trading Co., a California Corporation, Debtor. Edward F. Towers, Trustee v. Chickering & Gregory, a PartnershipCourt of Appeals for the Ninth Circuit · 1994
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3Cited by2 opinions
- In Re Lpm Corporation, Debtor, Kir Temecula v. Lpm Corporation Minson Corporation North County Bank Gerald H. Davis United States TrusteeCourt of Appeals for the Ninth Circuit · 2002
- In Re NETtel Corp., Inc.District Court, District of Columbia · 2002