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

Good Law
87 F.3d 311
United States Court of Appeals for the Ninth CircuitJune 20, 199695-55160California5,257 words

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,…

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