Legal Opinion
In Re: James Delbert McConville Debtor. Tevis T. Thompson, Jr., Trustee v. David Margen Lawton Associates
Court of Appeals for the Ninth Circuit
Decided March 26, 1997No. 95-15122PublishedCited by 25 opinions
1Opinion of the Court
ORDER
The opinion filed on May 21, 1996, and amended on September 26, 1996 is hereby WITHDRAWN.
OPINION
NOONAN, Circuit Judge.
David Margen and Lawton Associates (the Lenders) appeal a judgment of the district court in favor of Tevis Thompson, Jr., (the Trustee), trustee in bankruptcy of James D. and Clara M. McConville (the Debtors). The judgment held voidable a deed of trust given by the Debtors to the Lenders after the Debtors had filed for bankruptcy. Applying § 364 of the Bankruptcy Code, we modify the judgment of the district court.
FACTS
The Debtors dealt in distressed real property. On July…
2Cases cited4 opinions
- Bank of Marin v. EnglandSupreme Court of the United States · 1966
- In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- In Re Century Brass Products, Inc., Debtor. U.S. Brass & Copper Company v. Jerome E. CaplanCourt of Appeals for the Second Circuit · 1994
- Bankr. L. Rep. P 75,292 in Re Lloyd C. March, Jr., Debtor. Coastal Virginia Bank v. Lloyd C. March, Jr., Unsecured Creditors Committee, Amicus CuriaeCourt of Appeals for the Fourth Circuit · 1993
3Cited by25 opinions
- Pioneer Commercial Funding Corp. v. American Financial Mortgage Corp.Superior Court of Pennsylvania · 2002
- Ford v. Loftin (In Re Ford)United States Bankruptcy Court, N.D. Georgia · 2003
- Hopkins v. Suntrust Mortgage, Inc. (In Re Ellis)United States Bankruptcy Court, D. Idaho · 2010
- Peterson v. Berg (In Re Berg)United States Bankruptcy Court, N.D. Illinois · 2008
- 40235 Washington Street Corp. v. LusardiCourt of Appeals for the Ninth Circuit · 2003
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