Gioia

Gioia v. Gioia

Good Law
119 Cal. App. 4th 272·14 Cal. Rptr. 3d 362
Court of Appeal of CaliforniaJune 9, 2004No. B166803California3,479 words

Opinion

lead Opinion

Ortega, J.

In this marital dissolution case, the only issue reserved for trial in the family law court was whether a notice of abandonment filed in 1999 by the trustee in husband’s personal bankruptcy action was ambiguous and, therefore, failed to remove the family residence on Coffman Drive from *274 husband’s bankruptcy estate. The significance of the effectiveness of trustee’s 1999 notice of abandonment is as follows: Pursuant to a settlement agreement of a fraudulent conveyance action maintained by trustee against wife, wife returned certain assets to the bankruptcy estate that husband had conveyed to her within a year of filing for bankruptcy. At the request of wife’s divorce attorney, the fraudulent conveyance settlement agreement required trustee to quitclaim to wife the estate’s interest in the Coffman Drive property, which was the subject of the earlier notice of abandonment. If the notice of abandonment was effective, as husband claims, the trustee’s quitclaim deed would have conveyed nothing because the property, having been abandoned, was no longer part of the estate. But if the notice of abandonment was ineffective, as wife claims, the estate’s interest in the property…

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