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IN RE MOON

BAP Nos. NC-22-1103-SGB NC-22-1117-SGB (cross-appeals) Bk. No. 20-30711 Adv. No. 20-03117.

648 B.R. 73 (2023)

IN RE: E. Mark MOON, Debtor. Milestone Financial, LLC, Appellant/Cross-Appellee, v. E. Mark Moon; Lori H. Moon, Appellees/Cross-Appellants.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed January 18, 2023.

Attorney(s) appearing for the Case

Bernard Kornberg, Esq. of Practus LLP, argued for appellant/cross-appellee.

John P. McDonnell, Esq., Los Altos, argued for appellees/cross-appellants.

Before: SPRAKER, GAN, and BRAND, Bankruptcy Judges.

OPINION

INTRODUCTION

When is a usurious forbearance not a usurious forbearance? According to the California Supreme Court, when it is a mere modification of a credit sale transaction under the "time-price" doctrine. Ghirardo v. Antonioli, 8 Cal.4th 791...

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