In re Professional Inv. Properties of America, Inc.

68 F.3d 481 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re PROFESSIONAL INVESTMENT PROPERTIES OF AMERICA, INC., Debtor. Robert and Grace BRIGGS, Plaintiff-Appellant, v. Roy W. KENT, Trustee * , and the Estate of Professional Investment Properties of America, Inc., Defendant-Appellee. No. 94-35719. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 15, 1995. Decided Oct. 11, 1995. 1 Before: ALARCON, CANBY, Circuit Judges, and FITZGERALD ** , District Judge. 2 MEMORANDUM *** 3 Creditors Robert and Grace Briggs appeal the district court's summary judgment on remand from this court, affirming the bankruptcy court's decision in favor of Trustee Roy Kent for the Estate of debtor Professional Investment Properties of America, Inc. The Briggses sought to impose a constructive trust on the proceeds of the sale of real property for which the Briggses held a promissory note and deed of trust. I. 4 In October 1985, Professional Investment Properties of…