Motley v. Equity Title Co. (In Re Motley)
United States Bankruptcy Court, C.D. California
1Opinion of the Court
AMENDED OPINION ON SUMMARY JUDGMENT MOTIONS
SAMUEL L. BUFFORD, Bankruptcy Judge.
I. Introduction
This case involves a deposit that the debtors made with a title insurance company to induce the insurer to issue a title insurance policy. The title insurance was issued for real estate that the debtors sold after receiving a chapter 7 discharge, and the deposit was made to avert an exception in the title insurance policy for a post-discharge state court judgment based on the debtors’ prepetition guarantee of a corporate debt. The debtors now seek a refund of the deposit.
Even though the title…
2Cases cited18 opinions
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
- Kalb v. FeuersteinSupreme Court of the United States · 1940
- In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- In Re Robert Gruntz, Debtor. Robert Gruntz v. Opinion County of Los Angeles Los Angeles District AttorneyCourt of Appeals for the Ninth Circuit · 2000
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