Bankr. L. Rep. P 70,650 in Re Karen Virginia Stanton, Debtor. T.O. King v. Karen Virginia Stanton

Good Law
766 F.2d 1283
United States Court of Appeals for the Ninth CircuitJuly 26, 198584-6135California2,934 words

Opinion

Opinion

ORDER

King appeals from a decision of the Bankruptcy Appellate Panel, affirming in part and reversing and remanding in part a decision of the bankruptcy court. We dismiss the appeal for lack of jurisdiction.

I. BACKGROUND AND PROCEEDINGS BELOW

In April 1977, Karen Stanton and T.O. King formed a partnership to purchase and resell a mansion in Montecito, California, called “Tara” (after the mansion in “Gone With the Wind”). Under the partnership agreement, King and Stanton each had equal ownership in the property. Stanton received rent-free occupancy of Tara, and was obligated to make the debt, tax, and insurance payments on it. The agreement further provided that if Stanton failed to make these payments, King had the option of making them' himself, with his percentage ownership increased by 1.4% for every $1,000 he paid out.

In July 1977, King advanced Stanton $3,000, the parties agreeing that partnership interests would be adjusted accordingly. In August, Stanton notified King that she would not be able to make her payments for the month, so King made them. During' this time, Stanton told King that she felt the time and money she was putting into improving the property were…

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