IN RE AFFORDABLE HOUSING DEVELOPMENT CORP.

BAP No. CC-92-2150-HVJ. Bankruptcy No. LA-82-19377-SB. Adv. No. LA-89-1998-SB.

175 B.R. 324 (1994)

In re AFFORDABLE HOUSING DEVELOPMENT CORPORATION, Debtor. C.F. BROOKSIDE, LTD., Appellant, v. SKYVIEW MEMORIAL LAWN CEMETERY; and United States Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided October 25, 1994.


Attorney(s) appearing for the Case

Isaac M. Pachulski, Los Angeles, CA, for appellant.

Marc A. Beilinson, Santa Monica, CA, for appellees.

Before HAGAN, VOLINN and JONES, Bankruptcy Judges.


OPINION

HAGAN, Bankruptcy Judge:

C.F. Brookside, Ltd. ("Brookside") appeals an order of the bankruptcy court reaffirming its prior grant of summary judgment in favor of Skyview Memorial Lawn Cemetery ("Sky-view"). We affirm in part and reverse and remand in part.

I. Background

In 1979, Brookside sold an apartment project located in Redondo Beach, California (the "Project"), to Affordable Housing Corporation, the debtor-in-possession (the...

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