Legal Opinion

Ehring v. Western Community Moneycenter (In Re Ehring)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 22, 1988No. BAP CC-86-1170-MeMoJPublishedCited by 17 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

This case involves a pre-petition foreclosure sale of the Debtor’s real property. The Debtor brought a preference action under Section 547 of the Bankruptcy Code (“Code”), alleging that the transfer of the property occurred within 90 days of bankruptcy. The Bankruptcy Court found there was no preference and the Debtor now appeals. The issue presented is whether the transfer occurred when the creditor perfected its security interest or at the time of the foreclosure sale. Because we find that the transfer occurred at the time the security interest was…

2Cases cited16 opinions

  1. Muniz v. HoffmanSupreme Court of the United States · 1975
  2. J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
  3. In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
  4. Tidewater Oil Co. v. United StatesSupreme Court of the United States · 1972
  5. In Re Judith Lynne Madrid, Debtor. Judith Lynne Madrid v. Lawyers Title Insurance Corp., and Donald TurneyCourt of Appeals for the Ninth Circuit · 1984

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3Cited by17 opinions

  1. Committee of Unsecured Creditors v. Commodity Credit Corp. (In Re KF Dairies, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
  2. Lindsay v. Beneficial Reinsurance Co. (In Re Lindsay)United States Bankruptcy Court, S.D. California · 1989
  3. Abdul-Hasan v. Firemen's Fund Mortgage, Inc. (In Re Abdul-Hasan)United States Bankruptcy Court, C.D. California · 1989
  4. Homestead Partners, Ltd. v. Condor One, Inc. (In Re Homestead Partners, Ltd.)United States Bankruptcy Court, N.D. Georgia · 1996
  5. J.P. Morgan Investment Management, Inc. v. United States Trustee (In Re Martech USA, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995

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