Fontaine v. Conn (In Re Fontaine)

MEMORANDUM

Ramona G. Fontaine, a Chapter 7 debt- or, and her husband, Cirilo G. Reyes, (“appellants”) appeal pro se from the Bankruptcy Appellate Panel’s (“BAP”) judgment affirming the bankruptcy court’s summary judgment for appellee Robert L. Conn in an adversary proceeding concerning ownership of real property. We have jurisdiction under 28 U.S.C. § 158 (d). We review de novo decisions of the BAP, and the bankruptcy court’s ruling on summary judgment. Arrow Elecs., Inc. v. Howard Justus (In re Kaypro), 218 F.3d 1070, 1073 (9th Cir.2000). We affirm.

The bankruptcy court properly granted summary judgment for Conn because Conn was the fee simple owner of the property located at 3986 Astaire Avenue, Culver City, California, as of March 12, 2008. See Gaughan v. Edward Dittlof Revocable Trust (In re Costas), 555 F.3d 790, 793 (9th Cir.2009) (debtor’s and bankruptcy estate’s property rights are governed by state law); see also Cal. Civ.Code § 1214 (rendering an unrecorded conveyance void as against any judgment affecting the title, unless the conveyance was duly recorded before the record of notice of action); cf. Hurst Concrete Prods., Inc. v. Lane (In re Lane), 980 F.2d 601, 604…