Legal Opinion

Vasquez v. Mora (In Re Mora)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 19, 1998No. BAP No. CC-97-1216-RuJH, Bankruptcy No. LA-95-15597-ER, Adversary No. LA-96-01943-ERPublishedCited by 16 opinions

1Opinion of the Court

OPINION

RUSSELL, Bankruptcy Judge.

Appellant Gilbert R. Vasquez, the Chapter 7 Trustee (“Trustee”), appeals a judgment by the bankruptcy court in favor of the appel-lees Joseph Mora and Toshiko Mora (“Debtors”), requiring him to turn over to Debtors $24,660.27 previously seized as an avoidable postpetition transfer. In entering judgment, the bankruptcy court held that a transfer of an interest in a cashier’s cheek occurs at the time the check is mailed for purposes of avoiding postpetition transfers under 11 U.S.C. § 549(a). We REVERSE.

I.FACTS

The basic facts are not in dispute. On March 1,1995,…

2Cases cited14 opinions

  1. Barnhill v. JohnsonSupreme Court of the United States · 1992
  2. McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
  3. Kendall v. Sorani (In Re Richmond Produce Co.)District Court, N.D. California · 1996
  4. Kendall v. Sorani (In Re Richmond Produce Co.)United States Bankruptcy Court, N.D. California · 1993
  5. Hall-Mark Electronics Corp. v. Sims (In Re Lee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995

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3Cited by16 opinions

  1. Woods & Erickson, LLP v. Leonard (In Re AVI, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  2. Viscount Air Services, Inc. v. Cole (In Re Viscount Air Services, Inc.)United States Bankruptcy Court, D. Arizona · 1998
  3. Interbulk, Ltd. v. Louis Dreyfus Corp. (In Re Interbulk, Ltd.)United States Bankruptcy Court, S.D. New York · 1999
  4. In Re Joseph A. MoraCourt of Appeals for the Ninth Circuit · 1999
  5. Official Committee of Unsecured Creditors of Contempri Homes, Inc. Ex Rel. Ch. 11 Estate of Contempri Homes, Inc. v. Wholesale (In Re Contempri Homes, Inc.)United States Bankruptcy Court, M.D. Pennsylvania · 2001

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