Guindon v. Ventura Bancorp
Guindon v. Ventura Bancorp
Opinion of the Court
MEMORANDUM
Marjorie Ann Guindon and James Guy Guindon (Guindons) appeal the Bankruptcy Appellate Panel’s (BAP) decision affirming the bankruptcy court’s judgment in favor of CCF Income Fund, Equivest, Bruce A. Olson, D.P.M., Inc. Pension Trust and Richard H. Beguelin Family Trust (Creditors). We have jurisdiction, 28 U.S.C. § 158(d); 28 U.S.C. § 1291, and we affirm.
The Guindons raise a number of arguments, all of which boil down to this: that their Chapter 13 Plan provided for the Creditors’ claim, thus satisfying the
The bankruptcy court did not err in rejecting the Guindons’ satisfaction theory in the adversary proceeding. The Plan did not specifically provide for release of the Creditors’ lien on the commercial property in exchange for the residential property. Absent any property values in the Plan, or in evidence, the court did not clearly err in finding that the Creditors’ claim ($230,000) was not treated fairly and equitably by tender of the residential property on which Creditors held a third trust deed behind more than $150,000 of debt in default.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.