Legal Opinion
Can-Alta Properties, Ltd. v. State Savings Mortgage Co. (In Re Can-Alta Properties, Ltd.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided July 6, 1988No. BAP No. AZ-87-2235 JAsV, Bankruptcy No. B-87-3421-PHX-SSC, Adv. No. "A"PublishedCited by 26 opinions
1Opinion of the Court
OPINION
The Debtor appeals a bankruptcy court order lifting the automatic stay based upon a finding of bad faith. We REVERSE.
FACTS
On June 8, 1987, the Debtor, Can-Alta Properties, Ltd., filed a petition for relief under Chapter 11 of the Bankruptcy Code. The petition stayed a foreclosure sale scheduled for the same date by the Appel-lee, State Savings Mortgage Co. (“State Savings”). State Savings was the beneficiary of a deed of trust on real property of the .Debtor located in Phoenix, Arizona. The deed of trust secured a promissory note in the amount of $1,750,000, executed by the Debtor on…
2Cases cited5 opinions
- In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
- In Re Castlerock Properties, Debtor. Piombo Corporation, a California Corporation v. Castlerock Properties, a California Limited PartnershipCourt of Appeals for the Ninth Circuit · 1986
- Meadowbrook Investors' Group v. Thirtieth Place, Inc. (In Re Thirtieth Place, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
- In Re Southern California Sound Systems, Inc.United States Bankruptcy Court, S.D. California · 1987
- In Re Fry Road Associates, Ltd.United States Bankruptcy Court, W.D. Texas · 1986
3Cited by26 opinions
- In Re Randy Arden Frieouf, Debtor. Randy Arden Frieouf v. United States of America Farm Credit Bank of WichitaCourt of Appeals for the Tenth Circuit · 1991
- DeRonde v. Shirley (In Re Shirley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
- In Re PowersUnited States Bankruptcy Court, C.D. California · 1991
- Wade v. State Bar of Arizona (In Re Wade)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- Sullivan v. Harnisch (In Re Sullivan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
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