Legal Opinion
Chase Manhattan Bank, USA, N.A. v. Taxel (In Re Deuel)
Court of Appeals for the Ninth Circuit
Decided January 28, 2010No. 07-55266PublishedCited by 11 opinions
1Opinion of the Court
KLEINFELD, Circuit Judge:
We address the “strong-arm power” of the bankruptcy trustee under 11 U.S.C. § 544(a)(3) in the context of an unrecorded deed of trust. The question comes down to whether a bona fide purchaser for value without notice can take ahead of an unrecorded lien, and once the question is put that way, the answer is obviously “yes.”
I. Facts
The case arises out of repeated home refinancing to take advantage of rising real estate values. Debtor Jill Deuel and her ex-husband Will Deuel bought a condominium in California in 1999. They borrowed $106,700 from North American Mortgage…
2Cases cited12 opinions
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- Jeffrey Mort Pamela Mort Fred Strefling Jeffrey Tobian v. United StatesCourt of Appeals for the Ninth Circuit · 1996
- Saghi v. Walsh (In Re Gurs)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
- Robertson v. Peters (In re Weisman)Court of Appeals for the Ninth Circuit · 1993
- Little v. Duncombe (In Re Duncombe)United States Bankruptcy Court, C.D. California · 1992
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Morris v. Kasparek (In Re Kasparek)Bankruptcy Appellate Panel of the Tenth Circuit · 2010
- Cerrato v. BAC Home Loans Servicing (In re Cerrato)United States Bankruptcy Court, E.D. New York · 2014
- In Re TraskBankruptcy Appellate Panel of the First Circuit · 2011
- Trask v. BAC Home Loans Servicing, LPBankruptcy Appellate Panel of the First Circuit · 2011
- Soulé v. Gragg (In re Harrison)United States Bankruptcy Court, N.D. Oklahoma · 2013
6 more not listed; retrieve them via the Exa API.