Legal Opinion

Yi-Ping Lin v. Ehrle (In Re Ehrle)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 21, 1995No. BAP No. CC-94-2546-BHO. Bankruptcy No. SA93-14904 JB. Adv. No. SA93-1621 JBPublishedCited by 12 opinions

1Opinion of the Court

Opinion

BRANDT, Bankruptcy Judge.

I. ISSUES

The questions raised by this appeal are whether:

1) an unrecorded deed of trust on real property creates a security interest under California law in the proceeds from the sale of the subject real property;

2) debtors’ actions in selling property subject to an unrecorded deed of trust and using the proceeds to purchase other property gave rise to a nondisehargeable debt for embezzlement or conversion; and

3) a constructive trust can be imposed post-petition where the creditor failed to perfect his security interest?

We answer all in the negative.

II.FACTS

On…

2Cases cited15 opinions

  1. In Re Larry Dean Kirkland and Billie Kirkland, Debtors. Security Pacific National Bank v. Larry Dean Kirkland and Billie KirklandCourt of Appeals for the Ninth Circuit · 1990
  2. United States v. Eric J. CarlsonCourt of Appeals for the Ninth Circuit · 1990
  3. In Re Ronald Kirsh in Re Paula Kirsh, Debtors. Eugene Parks Law Corporation Defined Benefit Pension Plan v. Ronald Kirsh Paula KirshCourt of Appeals for the Ninth Circuit · 1992
  4. In Re North American Coin & Currency, Ltd.Court of Appeals for the Ninth Circuit · 1985
  5. 13 Collier bankr.cas.2d 1400, Bankr. L. Rep. P 70,902 in Re Lewis W. Shurtleff, Inc. And Frontier Properties, Inc., Debtors. Thomas D. Elliott, Trustee v. Frontier Properties/lp 102/meadow Glen Arms/79Court of Appeals for the Ninth Circuit · 1986

10 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Thiara v. Spycher Bros. (In Re Thiara)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  2. Ho v. Dowell (In Re Ho)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  3. First Delaware Life Insurance v. Wada (In Re Wada)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  4. Bartee v. Ainsworth (In Re Bartee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  5. Nghiem v. Ghazvini (In Re Nghiem)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API