In Re Doris D. Coby, Debtor. United States of America, Claimant-Appellant v. Doris D. Coby, Debtor-Appellee

Ninth Circuit Court of Appeals

Argued and Submitted June 7, 1995. Decided Oct. 10, 1995.

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Ninth Circuit Court of Appeals · decided 1995-10-10

Relies on Aldrich v. La Porte-Sarl · General Motors Acceptance Corp. v. Mitchell

Decided 1995-10-10

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Before: WALLACE, Chief Judge, KOZINSKI and RYMER, Circuit Judges.

ORDER

¶1

Based on this court's resolution of In re Taffi, Nos. 94-55011 and 94-55019, slip op. (9th Cir. Sept. __, 1995), this case is reversed and remanded to the district court to recalculate the amount of the secured claim without subtracting hypothetical costs of sale.

KOZINSKI, Circuit Judge, dissenting:

¶2

For the reasons expressed in my dissent to In re Taffi, Nos. 94-55011, 94-55019, slip. op. _____ (9th Cir. _____, 1995), this case is controlled by our earlier opinion in In re Mitchell, 954 F.2d 557 (9th Cir.1992). Under Mitchell, the judgment below must be affirmed.