Yi-Ping Lin v. Ehrle (In Re Ehrle)
United States Bankruptcy Appellate Panel for the Ninth Circuit
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
- 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
- United States v. Eric J. CarlsonCourt of Appeals for the Ninth Circuit · 1990
- 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
- In Re North American Coin & Currency, Ltd.Court of Appeals for the Ninth Circuit · 1985
- 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
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3Cited by12 opinions
- Thiara v. Spycher Bros. (In Re Thiara)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- Ho v. Dowell (In Re Ho)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- First Delaware Life Insurance v. Wada (In Re Wada)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- Bartee v. Ainsworth (In Re Bartee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
- Nghiem v. Ghazvini (In Re Nghiem)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
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