35 Collier bankr.cas.2d 1420, Bankr. L. Rep. P 77,120 in Re James Delbert McConville Debtor. Tevis T. Thompson, Jr., Trustee v. David Margen Lawton Associates

97 F.3d 316 35 Collier Bankr.Cas.2d 1420 , Bankr. L. Rep. P 77,120 In re James Delbert McCONVILLE, Debtor. Tevis T. THOMPSON, Jr., Trustee, Plaintiff-Appellee, v. David MARGEN; Lawton Associates, Defendants-Appellants. No. 95-15122. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 9, 1996. Decided May 21, 1996. As Amended Sept. 26, 1996. Jay-Allen Eisen, Eisen & Johnston, Sacramento, California, for the defendants-appellants. Irving J. Kornfield, Kornfield, Paul & Bupp, Oakland, California, for the plaintiff-appellee. Appeal from the United States District Court for the Northern District of California; Fern M. Smith, District Judge, Presiding. Before: BROWNING and NOONAN, Circuit Judges, and MERHIGE, * District Judge. OPINION NOONAN, Circuit Judge: 1 David Margen and Lawton Associates (the Lenders) appeal a judgment of the district court in favor of Tevis Thompson, Jr., (the Trustee), trustee in bankruptcy of James D. and Clara M. McConville (the Debtors). The judgment held void a deed of trust given by the Debtors to the Lenders after the Debtors had filed for bankruptcy. Applying § 362(a)(4) of the Bankruptcy Code, we affirm the judgment of…