Legal Opinion

Washington Mutual Savings Bank v. James (In Re Brooks)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 8, 1987No. BAP No. WW 8-1321-AsEMe, Bankruptcy No. 86-00062PublishedCited by 41 opinions

1Opinion of the Court

OPINION

ASHLAND, Bankruptcy Judge:

Washington Mutual Savings Bank appeals from an order voiding its interest in the debtor’s real property. We must decide whether the re-recording of a deed of trust which technically violated the stay imposed by Bankruptcy Code § 362 in a husband’s bankruptcy may, on that ground, be avoided by the trustee in a wife’s subsequent bankruptcy. We hold that the lien may not be avoided and reverse.

FACTS

On October 1, 1984 Washington Mutual Savings Bank loaned approximately $60,-000 to Wiley Dean Brooks and Elna Kay Brooks, then husband and wife. The bank accepted a…

2Cases cited10 opinions

  1. Kalb v. FeuersteinSupreme Court of the United States · 1940
  2. In Re Sambo's Restaurants, Inc., a California Corporation, Debtor. Sambo's Restaurants, Inc., a California Corporation v. Peggy WheelerCourt of Appeals for the Ninth Circuit · 1985
  3. Saghi v. Walsh (In Re Gurs)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
  4. In Re Gilbert John Marino, Debtor. Placer Savings and Loan Association v. Edward M. Walsh, as Trustee in Bankruptcy of Gilbert John MarinoCourt of Appeals for the Ninth Circuit · 1987
  5. Hadsell v. Philadelphia Life Insurance (In Re Fuel Oil Supply & Terminaling, Inc.)United States Bankruptcy Court, N.D. Texas · 1983

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

3Cited by41 opinions

  1. In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  2. Robert A. Sikes and Janice K. Sikes v. Global Marine, Inc.Court of Appeals for the Fifth Circuit · 1989
  3. In the Matter of Martha Jo Pointer, Debtor. City of Farmers Branch and Carrollton-Farmers Branch Independent School District v. Martha Jo PointerCourt of Appeals for the Fifth Circuit · 1992
  4. Liberty Mutual Insurance v. Official Unsecured Creditors' Committee of Spaulding Composites Co. (In Re Spaulding Composites Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  5. St. Paul Fire & Marine Insurance v. LabuzanCourt of Appeals for the Fifth Circuit · 2009

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