1. Home
  2. Browse Decisions
  3. B.R.
  4. 377 B.R.
  5. 377 B.R. 608 (2007)
 

IN RE USA COMMERCIAL MORTG. CO.

BAP No. NV-07-1067-RBS, Bankruptcy Nos. 06-10725 LBR, 06-10726 LBR, 06-10727 LBR, 06-10728 LBR, 06-10729 LBR.

377 B.R. 608 (2007)

In re USA COMMERCIAL MORTGAGE COMPANY USA Capital Realty Advisors, LLC; USA Capital Diversified Trust Deed Fund, LLC; USA Capital First Trust Deed Fund, LLC; USA Securities, LLC, Debtors. Margaret B. McGimsey Trust; Bruce McGimsey; Jerry McGimsey; Sharon McGimsey; Johnny Clark, Appellants, v. USA Capital Diversified Trust Deed Fund, LLC; Official Committee of Equity Security Holders of USA Capital Diversified Trust Deed Fund, LLC, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed August 15, 2007.

Ordered Published October 10, 2007.

Attorney(s) appearing for the Case

William L. McGimsey, Esq., Las Vegas, NV, for Appellants.

Leonard E. Schwartzer, Esq., Schwartzer & McPherson law firm, Las Vegas, NV, Annette W. Jarvis, Esq., Ray Quinney & Nebeker, P.C., Salt Lake City, UT, Marc A. Levinson, Esq., Orrick, Herrington & Sutcliffe, LLP, Sacramento, CA, Bob L. Olson, Esq., Beckley Singleton, Chtd., Las Vegas, NV, for Appellees.

Before: RUSSELL, BRANDT and SMITH, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge.

The Official Committee of Equity Security Holders of USA Capital Diversified Trust Deed Fund, LLC, filed objections to the proofs of claim of appellants. The Committee asserted that appellants' proofs of claim are duplicative of their respective proofs of interest, and in any event, that the claims should be subordinated pursuant to 11 U.S.C. § 510(b)2. After holding two separate hearings...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases