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Bankruptcy | Case Law | Property Real Personal
PROPERTY, REAL and PERSONAL--California Law
In re Tippett, 542 F.3d 684 (9th Cir. 2008)
The bankruptcy code does not preempt Cal. Civil Code § 1214, which renders an
unrecorded conveyance void as to bona fide purchasers. The transfer of the debtor’s property to
the bankruptcy estate upon filing their chapter 7 case was such a transfer. Thus the debtors’
unauthorized transfer of their home to a bona fide purchaser was covered by this statute.
In re Oakmore Ranch Mgmt., 337 B.R. 222 (9th Cir. BAP 2006)
Presumption under Cal. Evidence Code § 662 that owner of legal title to property was
beneficial owner was rebutted, where payees of note were debtor’s children, who did not have the
financial ability to acquire the property that was the subject of the note.
In re Emery, 317 F.3d 1064 (9th Cir. 2003)
When a borrower executes a deed of trust assigning to the lender the borrower’s rights in
any cause of action, the lender is not entitled to retain settlement proceeds the borrower gains from
such an action, when the borrower is not in default.
In re Summers, 278 B.R. 808 (9th Cir. B.A.P. 2002), aff’d, 332 F.3d 1240 (9th Cir. 2003)
Property held as joint tenants by husband and wife with their daughter was held in tenancy
by the entirety under California law, not as community property. Presumption of title controls
over community property presumption, even though community property was used to purchase the
property.
In re First T.D. & Investment, Inc. 253 F.3d 520 (9th Cir. 2001)
Assignment of collateral notes and trust deeds to investors may be perfected in California
without possession and thus cannot be avoided under the strong arm clause.
In re King Street Investments, Inc., 219 B.R. 848 (9th Cir. B.A.P. 1998)
Lenders’ acceptance of deed of trust did not extinguish claims against debtor for
constructive fraud in obtaining loan under anti-deficiency statute
In re Wolverton Assoc., 909 F.2d 1286 (9th Cir. 1990)
What constitutes a surrender of property
Abrenilla v. China Ins. Co. Ltd., 870 F.2d 548 (9th Cir. 1989)
What is a fixture.
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