In Re Commercial Acceptance Corporation, Debtor. Lydia S. Gray, AKA Lydia Serna Karren Serna v. David L. Ray, Chapter 11 Trustee

Good Law
5 F.3d 535·1993 WL 327833·1993 U.S. App. LEXIS 30773
United States Court of Appeals for the Ninth CircuitAugust 27, 199392-55072California2,652 words

Opinion

Opinion

5 F.3d 535 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re COMMERCIAL ACCEPTANCE CORPORATION, Debtor. Lydia S. GRAY, aka Lydia Serna; Karren Serna, Plaintiffs-Appellants v. David L. RAY, Chapter 11 Trustee Defendant-Appellee No. 92-55072. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 1993. Decided Aug. 27, 1993. Before BROWNING, TANG and BOOCHEVER, Circuit Judges. 1 MEMORANDUM * 2 Appellants Lydia Serna ("Lydia") and Karren Serna ("Karren") appeal the district court's affirmance of the bankruptcy court's order granting summary judgment in favor of Commercial Acceptance Corporation's ("CAC") trustee, David L. Ray ("trustee"). Because Lydia and Karren did not timely oppose the trustee's motion for summary judgment, the bankruptcy court was entitled to "assume that the material facts as claimed and adequately supported by the [trustee] are admitted to exist without controversy." See Local Bankr.R. for the C.D.Cal.R. 111(5). Based on the…

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