Chiralia

Chiralia v. Anderson

Good Law
19 F. App'x 596
United States Court of Appeals for the Ninth CircuitSeptember 20, 2001Nos. 99-56462, 99-56493, 99-56494, 99-56496; BAP Nos. CC-98-01888, CC-98-01235, CC-98-01445, CC-98-01887California512 words

Opinion

Lead Opinion

MEMORANDUM **

George and Gina Pope filed for bankruptcy. George’s former wife, Teresa Pope, also filed a bankruptcy petition and opposed the sale of property that remained undivided pending their marital property settlement. The bankruptcy judge dismissed her petition, ordered the property sold, and limited her future filings. The Bankruptcy Appellate Panel (BAP) affirmed. We have jurisdiction over these consolidated appeals pursuant to 28 U.S.C. § 158 (d), and we affirm.

DISCUSSION

1. Jurisdiction

The BAP correctly reasoned that the bankruptcy court had jurisdiction over George Pope’s property even though the state court had not yet fully adjudicated the marital property settlement. Under California law, until there is a lawful division of property, all community property is property of the bankruptcy estate. See In re Mantle, 153 F.3d 1082 , 1085 (9th Cir.1998). We explained in that case that even though the state court adjudicating the divorce had not yet divided the property, “the proceeds from the sale of the community property house remained community property, and therefore should have been considered property of the bankruptcy estate.” Id.

2. Sale of the Property

The…

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