Wood. v. Delury (In Re Fair Oaks, Ltd.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
RUSSELL, Bankruptcy Judge:
This appeal arises from a bankruptcy court’s order granting summary judgment in favor of the appellee. The appellee had filed a complaint for a determination as to the validity and priority of a deed of trust. The Chapter 7 2 Trustee filed a cross-complaint asserting that the lien could be avoided under § 548(a). Cross motions for summary judgment were filed. Based on the conclusion that the appellee was a bona fide encum-brancer for value under California law, the bankruptcy court granted summary judgment in favor of appellee. 3 We REVERSE.
I. FACTS
In 1989,…
2Cases cited8 opinions
- Woodworking Enterprises, Inc. v. Baird (In Re Baird)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- Hansen v. CramerCalifornia Supreme Court · 1952
- Dwinell's Central Neon v. Cosmopolitan Chinook HotelCourt of Appeals of Washington · 1978
- Perelli-Minetti v. LawsonCalifornia Supreme Court · 1928
- Jones v. Wingo (In Re Wingo)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
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3Cited by6 opinions
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- Curley Elec., Inc. v. BillsCourt of Appeals of Washington · 2005
- Curley Electric, Inc. v. BillsCourt of Appeals of Washington · 2005
- Ford Motor Credit Co. v. HowlowCourt of Appeals for the Ninth Circuit · 2001
- James D. Leckrone v. James D. WalkerCourt of Appeals of Tennessee · 2002
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