Legal Opinion

Beard v. Walsh (In Re Walsh)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 30, 1998No. BAP No. NC-97-1480-NRRY, Bankruptcy No. 93-11166 AJPublishedCited by 26 opinions

1Opinion of the Court

OPINION

NIELSEN, Bankruptcy Judge.

Appellant Rodney Beard appeals the bankruptcy court’s ruling assessing appellate attorney’s fees pursuant to 11 U.S.C. § 362(h). 2 We AFFIRM.

I. FACTS

Appellee Dennis R. Walsh was the owner of a “packing line” used for packing fruit. Prior to filing bankruptcy, appellee leased real property from Beard, which was used to operate the packing line. Beard was granted a security interest in all of Walsh’s assets. The packing line was required to remain on Beard’s premises, unless Beard consented otherwise.

One week prior to the bankruptcy filing, Walsh leased his…

2Cases cited12 opinions

  1. Summit Valley Industries, Inc. v. Local 112, United Brotherhood of CarpentersSupreme Court of the United States · 1982
  2. Ramirez v. Fuselier (In Re Ramirez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  3. United States v. Bulson (In Re Bulson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  4. Stucka v. United States of America (In Re Stucka)United States Bankruptcy Court, C.D. California · 1987
  5. In Re Massoud Vasseli, Susan A. Vasseli. Massoud Vasseli, Susan A. Vasseli v. Wells Fargo Bank, National AssociationCourt of Appeals for the Ninth Circuit · 1993

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3Cited by26 opinions

  1. Sternberg v. JohnstonCourt of Appeals for the Ninth Circuit · 2010
  2. Eskanos & Adler, P.C. v. Roman (In Re Roman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  3. In Re BenalcazarUnited States Bankruptcy Court, N.D. Illinois · 2002
  4. In Re ShadeUnited States Bankruptcy Court, C.D. Illinois · 2001
  5. Mitchell v. BankIllinoisDistrict Court, S.D. Texas · 2004

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