| rimbscums | Date: Sunday, 2013-03-03, 0:01 AM | Message # 1 |
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| If Fernandez and Alberts demonstrate the permissible exercise of judicial discretion, we find that the trial court in this case grossly abused its discretion in failing to set aside the foreclosure sale. This was a case where equity should have acted "to prevent the wrong result," to remedy a "clear case of injustice." Arlt, 190 So. 2d at 577; Mitchell, 79 So. at 164. As in Fernandez and Alberts, Long Beach was the innocent victim of the mistakes of its attorneys and agents. The property was sold for $ 1,000, .02% of its value. Long Beach acted promptly to set aside the sale by filing its motion three days later. The purpose of the law in this area is to promote the viability of the foreclosure sale process, to encourage good faith offers for foreclosed properties, not to protect outrageous 985 So. 2d 615 windfalls to buyers who make de minimis bids. Finally, judicial economy favors resolving a case so that a fair sale price is realized in this proceeding, instead of inviting a second lawsuit to allocate the losses between Long Beach, Marshall Watson, and Fox, Wackeen. 44oz Groom Wedding Speech Endings Template <a href="http://wordmetal.com/sitemap.xml">speech for 60th wedding anniversary</a> Best Wedding Speeches Daughter Father 25ug
The bankruptcy court's reliance on Vanston to disallow Equitable's claim on the equitable ground that it would be "unfair to the other creditors" is fatally flawed in two respects. First, it is established that "whatever equitable powers remain in the bankruptcy courts must and can only be exercised within the confines of the Bankruptcy Code." Norwest Bank Worthington 895 F.2d 1386 v. Ahlers, 485 U.S. 197, 206, 108 S. Ct. 963, 968-69, 99 L. Ed. 2d 169 (1988). As the Ninth Circuit has held: "Although an award of post-petition interest is governed generally by the equities of the case, the Bankruptcy Code provides oversecured creditors with certain statutory rights to interest. 11 U.S.C. � 506(b) allows oversecured creditors to assert rights to interest provided in the security agreement as part of a secured claim." In re Anderson, 833 F.2d 834, 836 (9th Cir. 1987) (citation omitted). Thus, to the extent that Vanston's equitable analysis suggests a result contrary to the language of the present Bankruptcy Code, Vanston has been superseded. Second, Vanston recognized the principle -- long established under pre-Code bankruptcy law -- that claims for post-petition interest should be allowed in full where the debtor's estate ultimately proves to be solvent (i.e., where the debtor's assets are sufficient to pay the claims of all creditors). See Vanston, 329 U.S. at 164-65, 67 S. Ct. at 240-41; see also Ron Pair, 109 S. Ct. at 1033; New York v. Saper, 336 U.S. 328, 330 n. 7, 69 S. Ct. 554, 555 n. 7, 93 L. Ed. 710 (1949); American Iron and Steel Mfg. Co. v. Seaboard Air Line Ry., 233 U.S. 261, 266-67, 34 S. Ct. 502, 504-05, 58 L. Ed. 949 (1914). This "solvency exception" did not arise in Vanston because the debtor in that case was insolvent. See Vanston, 329 U.S. at 159, 67 S. Ct. at 238. 10 95an Scottish Wedding Speech Order Template <a href="http://wordmetal.com">wedding speech keepsake</a> One Tree Hill Lucas Wedding Speech Keith Template 74iz
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