Legal Opinion

Marino v. Classic Auto Refinishing, Inc. (In Re Marino)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided June 2, 1999No. BAP No. CC-98-1347-JBP, Bankruptcy No. LA 91-76426-BR, Adversary No. LA 94-02625APublishedCited by 17 opinions

1Opinion of the Court

OPINION

JONES, Bankruptcy Judge:

OVERVIEW

Debtor Salvatore Marino appeals the bankruptcy court’s order which denied the Debtor’s motion to vacate the court’s prior order. The prior order was reversed by this Panel, and that decision is currently on appeal to the Ninth Circuit Court of Appeals. The bankruptcy court concluded that it lacked jurisdiction to vacate its prior order. We AFFIRM.

I. FACTS

In 1991, Appellee Classic Auto Refinishing, Inc. (“Classic Auto”) obtained a state court judgment against Debtor and his corporation for $741,000. The state court complaint was based on fraud and breach…

2Cases cited9 opinions

  1. Hagel v. Drummond (In Re Hagel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  2. In the Matter of Robert L. Thorp, Esq., Witness-Appellant. United States of America v. Robert L. Thorp, Witness-AppellantCourt of Appeals for the Ninth Circuit · 1981
  3. Burton v. Ulrich (In Re Schmitt)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  4. Determan v. Sandoval (In Re Sandoval)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  5. Classic Auto Refinishing, Inc. v. Marino (In Re Marino)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992

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3Cited by17 opinions

  1. In Re: Danny Padilla, Debtor. William T. Neary, United States Trustee for Region 16 v. Danny PadillaCourt of Appeals for the Ninth Circuit · 2000
  2. Hill & Sandford, LLP v. Mirzai (In Re Mirzai)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  3. Alonso v. Summerville (In Re Summerville)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  4. Tanzi v. Comerica Bank-California (In Re Tanzi)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  5. Knutson v. Price (In Re Price)United States Bankruptcy Court, E.D. California · 2009

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