Walker v. California Mortgage Service (In Re Walker)
United States Bankruptcy Court, C.D. California
1Opinion of the Court
I. INTRODUCTION
SAMUEL L. BUFFORD, Bankruptcy Judge.
The debtor Georgia B. Walker (“Walker”) brings this adversary proceeding to set aside a foreclosure sale of real property, conducted in violation of the automatic stay, on the grounds that the purchaser failed to record his trustee’s deed until after the debtor had recorded a notice of the bankruptcy filing. The Court holds that, under the California race-notice recording statute, the transfer of the property to the third party purchaser may be avoided by the debtor, because the debtor recorded her notice of the bankruptcy before the…
2Cases cited7 opinions
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- Ellis v. Parr (In Re Ellis )United States Bankruptcy Appellate Panel for the Ninth Circuit · 1985
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- Mason v. Williams (In Re Mason)District Court, D. Oregon · 1985
- In Re DickeyUnited States Bankruptcy Court, E.D. Virginia · 1985
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