Legal Opinion

Wolf v. Mahrdt (In Re Chenich)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 5, 1987No. BAP No. SC 87-1249 MoJV, Bankruptcy No. 84-5060-M7, Adv. No. C86-0328-M7PublishedCited by 14 opinions

1Opinion of the Court

OPINION

By this appeal the creditors/appellants seek to set aside the judgment of the trial court granting summary judgment to the trustee in an action to avoid a transfer under section 547(b).

FACTS

Both parties agree that the facts in this case are not in dispute. The debtors (“Che-nichs”) owed various sums of money to the appellants (“Mahrdts”). The debt was evidenced by six promissory notes due on June 1, 1982. Each note was secured by a deed of trust on separate properties located in California. These deeds were properly recorded in June 1978. After the notes became due, the Chenichs…

2Cases cited10 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. 13 Collier bankr.cas.2d 1400, Bankr. L. Rep. P 70,902 in Re Lewis W. Shurtleff, Inc. And Frontier Properties, Inc., Debtors. Thomas D. Elliott, Trustee v. Frontier Properties/lp 102/meadow Glen Arms/79Court of Appeals for the Ninth Circuit · 1986
  3. Newhall v. HatchCalifornia Supreme Court · 1901
  4. American Medical International, Inc. v. FellerCalifornia Court of Appeal · 1976
  5. Stepp v. McAdamsCourt of Appeals for the Ninth Circuit · 1937

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3Cited by14 opinions

  1. Williams v. United Investment Corp. (In Re Williams)United States Bankruptcy Court, C.D. California · 1991
  2. Makoroff v. Allegheny Graphics, Inc. (In Re Allegheny Label Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1991
  3. Sovran Bank/DC National v. United States (In Re Aumiller)District Court, District of Columbia · 1994
  4. First American National Bank v. Miller (In Re Miller)United States Bankruptcy Court, E.D. Tennessee · 1999
  5. Hunter v. Bank of New York (In Re Anderson)United States Bankruptcy Court, N.D. Ohio · 2001

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