In Re Stanley and Mary Wiley, Debtors. Stanley and Mary Wiley v. Goldome Mortgage Company and Stevens County

Good Law
46 F.3d 1149·1995 WL 49301·1995 U.S. App. LEXIS 7462
United States Court of Appeals for the Ninth CircuitFebruary 7, 199593-36199California697 words

Opinion

Opinion

46 F.3d 1149 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Stanley and Mary WILEY, Debtors. Stanley and Mary WILEY, Plaintiffs-Appellants v. GOLDOME MORTGAGE COMPANY and Stevens County, Defendants-Appellees. No. 93-36199. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 11, 1995. Decided Feb. 7, 1995. 1 Before WRIGHT and BRUNETTI, Circuit Judges, and KELLEHER, * District Judge. 2 MEMORANDUM ** 3 Stanley and Mary Wiley ("Wileys") appeal from a district court decision affirming a decision of the bankruptcy court. The bankruptcy court held, in part, that (1) there was no willful violation of the automatic stay because Stevens County had no knowledge of the bankruptcy proceedings against Stanley Wiley; (2) the request for a determination of tax liability under 11 U.S.C. Sec. 505 was moot since the maximum term of the bankruptcy had already expired and there were no funds available; (3) any lien against real property could not be resolved for…

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