14 Collier bankr.cas.2d 289, Bankr. L. Rep. P 70,907 in Re John J. Gulino and Patricia A. Gulino, Debtors. William B. Grover v. John J. Gulino, Jr. And Patricia Anne Gulino

Good Law
779 F.2d 546
United States Court of Appeals for the Ninth CircuitDecember 30, 198585-1838California2,879 words

Opinion

Opinion

779 F.2d 546 14 Collier Bankr.Cas.2d 289 , Bankr. L. Rep. P 70,907 In re John J. GULINO and Patricia A. Gulino, Debtors. William B. GROVER, Plaintiff-Appellant, v. John J. GULINO, Jr. and Patricia Anne Gulino, Defendants-Appellees. No. 85-1838. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 9, 1985. Decided Dec. 30, 1985. Francis B. Matthews, Eureka, Cal., for plaintiff-appellant. Joseph A. Shuff, III, Santa Ana, Cal., for defendants-appellees. On Appeal From the United States District Court for the Northern District of California. Before WRIGHT, KENNEDY and BEEZER, Circuit Judges. OPINION BEEZER, Circuit Judge: 1 This appeal raises the question of whether recordation by the transferees of a grant deed to real property within 90 days of the Chapter VII petition filing by the debtors-transferors resulted in a preferential transfer under 11 U.S.C. Sec. 547 . The bankruptcy court ruled that, as the sale agreement was concluded prior to the 90 day period, recordation of the deed within that period was not on account of an antecedent debt. The district court affirmed that ruling. We affirm on the different ground that recordation of the deed did not constitute…

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