Kabayan

Estepan Kabayan appeals the district court’s judgment, affirming the bankruptcy court’s summary judgment in favor of Sanwa Bank of California (“Sanwa”) in Kabayan’s adversary action against Sanwa and debtors Nerces and Elize Yepremian (“the Yepremians”). We have jurisdiction pursuant to 28 U.S.C. § 158 (d), and we affirm.

We review de novo a grant of summary judgment. See Bagdadi v. Nazar, 84 F.3d 1194 , 1197 (9th Cir.1996). Moreover, we independently review the bankruptcy court’s decision and do not give deference to the district court. See Robertson v. Peters (In re Weisman), 5 F.8d 417, 419 (9th Cir. 1993). In determining whether Sanwa had actual or inquiry notice of Kabayan’s interest in the property, we apply California law. See id. at 420; see also Probasco v. Eads (In re Probasco), 839 F.2d 1352,1354 (9th Cir.1988).

The facts of this case are set forth in detail in the district court’s published opinion, see Kabayan v. Yepremian, 190 B.R. 389, 391-92 (C.D.Cal.1995). Essentially, Kabayan and Nerces Yepremian entered into a joint venture agreement for the purpose of developing the Yepremians’ real property. Kabayan never recorded the joint venture agreement. Kabayan…