Legal Opinion
Gaughan v. First Community Bank
District Court, D. Arizona
Decided August 26, 2014No. CV-13-02050-PHX-NVW; Bankruptcy No. 11-10746 EPB; Adversary No. 13-ap-00436 EBPPublishedCited by 1 opinion
1Opinion of the Court
ORDER
NEIL V. WAKE, District Judge.
This bankruptcy appeal poses the question whether an Arizona judgment against a husband on his sole and separate debt may be executed against the Arizona couple’s community property in California. The answer is no, even if the original judgment had been rendered in California.
Specifically, the Arizona federal judgment against the husband alone, later registered in a California federal court and recorded in California, does not lien their community real property in California. This is the rule by Arizona statute, and California choice of law principles yield…
2Cases cited28 opinions
- Baker v. General Motors Corp.Supreme Court of the United States · 1998
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
- Fink v. O'NeilSupreme Court of the United States · 1882
- John Thomas Stanford v. Everett Utley, D/B/A Utley Trucking Company and E. C. HoodCourt of Appeals for the Eighth Circuit · 1965
- S. A. Empresa De Viacao Aerea Rio Grandense (Varig Airlines), Plaintiff v. The Boeing CompanyCourt of Appeals for the Ninth Circuit · 1981
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3Cited by1 opinion
- First Community Bank v. Maureen GaughanCourt of Appeals for the Ninth Circuit · 2017