Legal Opinion

Williams v. United Investment Corp. (In Re Williams)

United States Bankruptcy Court, C.D. California

Decided February 15, 1991No. Bankruptcy No. LA 90-03513 LF, Adv. No. LA 90-0418-LFPublishedCited by 31 opinions

1Opinion of the Court

AMENDED OPINION RE SUMMARY JUDGMENT MOTION

LISA HILL FENNING, Bankruptcy Judge.

Plaintiff Mildred V. Williams (Debtor) filed a complaint under 11 U.S.C. § 549 to avoid a foreclosure sale on her house. The foreclosure sale occurred before her bankruptcy petition was filed, but was not recorded until after the filing. Under California’s pure “race notice” recording statute, the sale was thus unperfected when the notice of bankruptcy was recorded.

This Court holds that the post-petition recording of the Trustee’s Deed of Sale and subsequent resale of the property are avoidable in this suit by the…

2Cases cited27 opinions

J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
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
In Re Chateaugay Corporation, Reomar, Incorporated, the Ltv Corporation, Debtors. Maritime Asbestosis Legal Clinic v. Ltv Steel Company, Inc.Court of Appeals for the Second Circuit · 1990
In Re Smith Corset Shops, Inc., Debtor. Appeal of Laurent BrodeurCourt of Appeals for the First Circuit · 1982
In Re Judith Lynne Madrid, Debtor. Judith Lynne Madrid v. Lawyers Title Insurance Corp., and Donald TurneyCourt of Appeals for the Ninth Circuit · 1984

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

3Cited by31 opinions

In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
First American Title Insurance v. Lett (In Re Lett)United States Bankruptcy Court, W.D. Missouri · 1999
In Re StockwellUnited States Bankruptcy Court, D. Vermont · 2001
McKeever v. McClandon (In Re McKeever)United States Bankruptcy Court, N.D. Illinois · 1991
Brandt v. Swisstronics, Inc. (In Re Shape, Inc.)United States Bankruptcy Court, D. Maine · 1992

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