Legal Opinion
Rothery v. Marshack (In Re Rothery)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided August 28, 1996No. BAP Nos. CC-95-2191-VHMo, CC-96-1309-VHMo. Bankruptcy No. SA92-17019 LR. Adv. No. SA93-01327 LRPublishedCited by 5 opinions
1Opinion of the Court
OPINION
VOLINN, Bankruptcy Judge:
The trustee in a Chapter 7 bankruptcy sought to avoid as fraudulent a debtor’s transfer of a deed of trust to his parents and a grant deed to his wife. Following entry of summary judgment in his favor, the trustee sought attorney’s fees from the fraudulent transferees. The bankruptcy court concluded that the fraudulent transfer action was akin to a contract rescission claim; because there was an attorney’s fee provision in the deed of trust which granted attorney’s fees to the prevailing party in an action involving the contract, the court granted the trustee’s…
2Cases cited16 opinions
- Liteky v. United StatesSupreme Court of the United States · 1994
- Del P. Henry, Jr., a Single Man, Plaintiff-Appellant-Cross-Appellee v. Gill Industries, Inc., Defendant-Appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 1993
- Lindy Pen Company, Inc. Blackfeet Plastics, Inc., Cross-Appellees v. Bic Pen Corporation, Cross-AppellantCourt of Appeals for the Ninth Circuit · 1993
- Prentice v. North American Title Guaranty Corp.California Supreme Court · 1963
- Cathey v. Johns-Manville Sales Corp.Court of Appeals for the Sixth Circuit · 1983
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3Cited by5 opinions
- Hansen v. Moore (In Re Hansen)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- Beal Bank, SSB v. Waters Edge Limited PartnershipDistrict Court, D. Massachusetts · 2000
- Brown v. Spears (In Re Spears)United States Bankruptcy Court, W.D. Missouri · 2001
- In re Mac-Go Corp.United States Bankruptcy Court, N.D. California · 2015
- In re: Yaffa Javedanfar and Morad JavedanfarUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2020