Legal Opinion

In Re Teerlink Ranch Ltd., a California Limited Partnership, Debtor. Heber N. Teerlink Erma D. Teerlink v. Alan G. Lambert, and Teerlink Ranch Ltd.

Court of Appeals for the Ninth Circuit

Decided October 6, 1989No. 88-1876, 88-2441 and 88-15599PublishedCited by 27 opinions

1Opinion of the Court

NOONAN, Circuit Judge:

This case consolidating two appeals arising from a dispute between a developer and a seller of real estate involves the relationship between a bankruptcy court and a district court and the rules and principles governing bankruptcy. We hold that the powers conferred on a trustee or debtor in possession by 11 U.S.C. § 544 are not so extraordinary that a Chapter 11 debtor can load its debts on its neighbor. We affirm the district court.

FACTS

Heber and Erma Teerlink (Teerlink) sold 58 acres of land in the hills above the city of Saratoga, Santa Clara county, California. The…

2Cases cited6 opinions

  1. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  2. Bank of Marin v. EnglandSupreme Court of the United States · 1966
  3. Caito v. United California BankCalifornia Supreme Court · 1978
  4. In Re Center Wholesale, Inc.Court of Appeals for the Ninth Circuit · 1985
  5. Sampsell v. StraubCourt of Appeals for the Ninth Circuit · 1952

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3Cited by27 opinions

  1. Carole M. Rein Paul M. Driscoll William F. Croce Tina W. Croce and Paul Frenette v. Providian Financial CorporationCourt of Appeals for the Ninth Circuit · 2001
  2. Helfand v. Nationall Union Fire InsuranceCalifornia Court of Appeal · 1992
  3. An-Tze Cheng v. K & S Diversified Investments, Inc. (In Re An-Tze Cheng)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  4. Charles Cowin v. Countrywide Home Loans, Inc., etCourt of Appeals for the Fifth Circuit · 2017
  5. Kerney v. Capital One Financial Corp. (In Re Sims)United States Bankruptcy Court, E.D. Tennessee · 2002

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

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