Legal Opinion
Finalco, Inc. v. Roosevelt
Court of Appeals for the Ninth Circuit
Decided June 20, 1996No. 95-55160PublishedCited by 2 opinions
1Opinion of the Court
CYNTHIA HOLCOMB HALL, Circuit Judge:
We are asked to decide when a transfer is to be deemed “made” for the purposes of 11 U.S.C. § 727(a)(2), which denies discharge to a debtor who transfers property with the “intent to hinder, delay, or defraud” within one year of filing his petition in Bankruptcy Court. We hold that a transfer is “made” once it is effective as between the parties to the transfer.
I
Steven and Judy Roosevelt, a married couple, purchased a house on Green Oak Lane in Glendora, California (hereinafter “Glendora property”) on August 9, 1984, and took title as joint tenants. On June…
2Cases cited28 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Bankr. L. Rep. P 70,524 in Re Cloyd W. Devers and Barbara Devers, Debtors. Cloyd W. Devers and Barbara Devers v. Bank of Sheridan, MontanaCourt of Appeals for the Ninth Circuit · 1985
- Bankr. L. Rep. P 69,922 Nancy H. Shaver v. Peter Frank ShaverCourt of Appeals for the Ninth Circuit · 1984
- United States v. Daniel Joe ChischillyCourt of Appeals for the Ninth Circuit · 1994
- Bankr. L. Rep. P 76,680 in Re Jeri L. Pace, Debtor. John E. Havelock John R. Strachan v. Harold S. Taxel, TrusteeCourt of Appeals for the Ninth Circuit · 1995
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3Cited by2 opinions
- Bankr. L. Rep. P 76,998, 96 Cal. Daily Op. Serv. 4447, 96 Daily Journal D.A.R. 7202 in Re Theodore Steven Roosevelt, Debtor. Finalco, Inc. v. Theodore Steven RooseveltCourt of Appeals for the Ninth Circuit · 1996
- Cecconi v. Cecconi (In Re Cecconi)United States Bankruptcy Court, N.D. California · 2007