Washington Mutual Savings Bank v. James (In Re Brooks)
United States Bankruptcy Appellate Panel for the Ninth Circuit
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
- Kalb v. FeuersteinSupreme Court of the United States · 1940
- 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
- Saghi v. Walsh (In Re Gurs)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
- 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
- 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
- In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- Robert A. Sikes and Janice K. Sikes v. Global Marine, Inc.Court of Appeals for the Fifth Circuit · 1989
- 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
- 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
- St. Paul Fire & Marine Insurance v. LabuzanCourt of Appeals for the Fifth Circuit · 2009
36 more not listed; retrieve them via the Exa API.