Bankr. L. Rep. P 76,998, 96 Cal. Daily Op. Serv. 4447, 96 Daily Journal D.A.R. 7202 in Re Theodore Steven Roosevelt, Debtor. Finalco, Inc. v. Theodore Steven Roosevelt
Opinion
Opinion
87 F.3d 311 Bankr. L. Rep. P 76,998, 96 Cal. Daily Op. Serv. 4447 , 96 Daily Journal D.A.R. 7202 In re Theodore Steven ROOSEVELT, Debtor. FINALCO, INC., Appellant, v. Theodore Steven ROOSEVELT, Appellee. No. 95-55160. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1996. Decided June 20, 1996. Russell H. Rapoport, Plotkin, Rapoport & Nahmias, Encino, California, for appellant. Philip Holmsey, Knapp, Petersen & Clarke, Glendale, California, for appellee. Appeal from the Ninth Circuit Bankruptcy Appellate Panel, Brandt, Hagan, and Volinn, Judges, Presiding. BAP No. CC-93-02221-VhB. Before: HALL, O'SCANNLAIN, and KLEINFELD, Circuit Judges. CYNTHIA HOLCOMB HALL, Circuit Judge: 1 We are asked to decide when a transfer is to be deemed "made" for the purposes of 11 U.S.C. § 727 (a)(2), which denies discharge to a debtor who transfers property with the "intent to hinder, delay, or defraud" within one year of filing his petition in Bankruptcy Court. We hold that a transfer is "made" once it is effective as between the parties to the transfer. I. 2 Steven and Judy Roosevelt, a married couple, purchased a house on Green Oak Lane in Glendora,…