Legal Opinion

Gorman v. Cochrane (In Re Gorman)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 14, 1993No. BAP No. NV-93-1136-RMeAd, Bankruptcy No. 88-21624-LBRPublishedCited by 3 opinions

1Opinion of the Court

OPINION

RUSSELL, Bankruptcy Judge:

The Debtor’s wife filed a motion to determine the appropriate disposition of the proceeds after the sale of joint tenancy property by the Chapter 7 trustee. 2 The court ruled the proceeds were community property and the estate was entitled to all of the property. The wife appeals. We REVERSE.

I. FACTS

On or about November 6, 1972, John T. Gorman, (“Debtor”) and Gloria Gorman (“Appellant”) acquired property by warranty deed. Since the Appellant and the Debt- or were legally married, the acquisition was community property under Nevada law.

On or about November 5,…

2Cases cited4 opinions

  1. Stainton v. Lee (In Re Stainton)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
  2. Peters v. PetersNevada Supreme Court · 1976
  3. Forrest v. ForrestNevada Supreme Court · 1983
  4. McCoy v. Bank of America (In Re McCoy)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990

3Cited by3 opinions

  1. Catherine Norwood Winters, Acting by and Through Her Attorney-In-Fact, Toni Louise McMahon v. George Mason Bank Robert O. Tyler, TrusteeCourt of Appeals for the Fourth Circuit · 1996
  2. Bernstein v. Pavich (In Re Pavich)United States Bankruptcy Court, E.D. California · 1996
  3. In re: Andrea GrovesUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2023

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