Charles Stapp of Nevada, Inc. v. Fishman

641 F.2d 737 8 Bankr.Ct.Dec. 397 In the Matter of CHARLES D. STAPP OF NEVADA, INC., a Nevada Corp., & its subsidiary corp., Holiday House, Inc., et al., Manor House Furniture, Bankrupts. EQUITABLE MORTGAGE COMPANY and Kelban and Associates, Defendants/Appellants, v. Jack FISHMAN, Trustee of the Estate of Charles D. Stapp of Nevada, et al., Plaintiffs/Appellees. No. 78-1380. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 16, 1980. Decided April 6, 1981. James C. Mahan, Las Vegas, Nev., for defendants-appellants. Leonard A. Wilson, Las Vegas, Nev., plaintiffs-appellees. Appeal from United States District Court for the District of Nevada. Before WALLACE, FLETCHER, and PREGERSON, Circuit Judges. FLETCHER, Circuit Judge: 1 Equitable Mortgage and Kelban & Associates, beneficiaries under two deeds of trust, appeal from the denial of their claim in bankruptcy to rents generated by the encumbered property from the date of bankruptcy until the property was abandoned to the debtor. The district court affirmed. We have jurisdiction to review under 11 U.S.C. § 47 (1976). Although we agree with appellants that the bankruptcy court failed to give proper…