Legal Opinion

In re: Doron Ezra Nava Tomer Ezra

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 22, 2015No. BAP CC-14-1563-KuPeTa; Bk. 1:11-12168-MT; Adv. 1:12-01001-MTPublishedCited by 30 opinions

1Opinion of the Court

OPINION

KURTZ, Bankruptcy Judge:

INTRODUCTION

Shoshana Ezra appeals from the bankruptcy court’s judgment avoiding as fraudulent transfers two deeds of trust the debtors Doron Ezra and Nava Tomer-Ezra executed in her favor. Shoshana 1 contends that at least some of the avoidance claims brought against her by the chapter 7 2 trustee David Seror were time barred, that there was insufficient evidence the debtors made the transfers with the intent to hinder, delay or defraud their creditors, and that there was no evidence of the debtors’ insolvency.

We disagree with Shoshana’s position on intent. As…

2Cases cited19 opinions

  1. In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
  2. Retz v. Samson (In Re Retz)Court of Appeals for the Ninth Circuit · 2010
  3. Mejia v. ReedCalifornia Supreme Court · 2003
  4. In Re Larry Dean Kirkland and Billie Kirkland, Debtors. Security Pacific National Bank v. Larry Dean Kirkland and Billie KirklandCourt of Appeals for the Ninth Circuit · 1990
  5. United States v. Eric J. CarlsonCourt of Appeals for the Ninth Circuit · 1990

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

3Cited by30 opinions

  1. Pga W. Residential Ass'n, Inc. v. Hulven Int'l, Inc., California Court of Appeal, 5th District2017
  2. Cont'l Cas. Co. v. ChatzDistrict Court, N.D. California · 2018
  3. In re BlanchardUnited States Bankruptcy Court, C.D. California · 2016
  4. Official Comm. of Unsecured Creditors of Great Lakes Quick Lube LP v. TheisenCourt of Appeals of Wisconsin · 2018
  5. 3MB, LLCUnited States Bankruptcy Court, E.D. California · 2019

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API