IN RE MILLS

No. 87-5960.

841 F.2d 902 (1988)

In re Robert L. MILLS, Debtor. Robert L. MILLS, Appellant, v. SDRAWDE TITLEHOLDERS, INC., a California Corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 2, 1988.


Attorney(s) appearing for the Case

Richard N. Grey, Simke, Chodos, Silberfeld & Anteau, Los Angeles, Cal., for appellant.

Joseph D. Frascella, Santa Monica, Cal., for appellee.

Before SNEED, PREGERSON and KOZINSKI, Circuit Judges.


KOZINSKI, Circuit Judge:

The issue in this bankruptcy case is whether a debtor's failure to make repairs on property subject to a purchase money lien gives the mortgagee a non-dischargeable claim for tortious waste under Cal.Civ.Code § 2929 (West 1974).

Background

On December 31, 1980, Robert L. Mills purchased the Beverly Hotel, a hotel for low-income transients, from Martin Edwards for $900,000. Before taking possession on March 1, 1981, Mills...

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