In Re Ann Marie Summers, Debtor. Richard J. Hanf, Chapter 7 Trustee v. Eugene Summers, and David Burchard, Chapter 13 Trustee for the Estate of Eugene Summers Ann Marie Summers Charles E. Sims, Chapter 7 Trustee for the Estate of Aurora Summers

332 F.3d 1240 In re Ann Marie SUMMERS, Debtor. Richard J. Hanf, Chapter 7 Trustee, Appellant, v. Eugene Summers, Appellee, and David Burchard, Chapter 13 Trustee for the Estate of Eugene Summers; Ann Marie Summers; Charles E. Sims, Chapter 7 Trustee for the Estate of Aurora Summers. No. 02-16146. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 15, 2003. Filed June 20, 2003. Byron Lee Lynch, Redding, CA, for the appellant. Stanley Zlotoff, San Jose, CA, for the appellee. Appeal from the Ninth Circuit Bankruptcy Appellate Panel, Perris, Brandt and Marlar, Bankruptcy Judges, Presiding. Before CANBY, KLEINFELD, and RAWLINSON, Circuit Judges. OPINION RAWLINSON, Circuit Judge. 1 This case requires us to determine whether the requirements of California's transmutation statute, Cal. Fam.Code § 852(a), must be met when realty is transferred from a third party to spouses as joint tenants. We affirm the decision of the Bankruptcy Appellate Panel ("BAP"), that the transmutation statute does not apply in such a circumstance, and that the property in issue is therefore held in joint tenancy rather than as community property. I. BACKGROUND 2 During their marriage,…