Roderick McBroom v. David Reaves

MEMORANDUM

In these consolidated appeals, Roderick R. McBroom and Thomas G. Junghans appeal pro se from the district court’s judgment affirming the bankruptcy court’s judgment allowing the bankruptcy trustee to avoid their judgment liens against estate property. They also appeal from the district court’s order denying their motion for a stay pending appeal. We have jurisdiction under 28 U.S.C. § 158 (d). We review independently the bankruptcy court’s decision, without deference to the district court’s determinations. Leichty v. Neary (In re Strand), 375 F.3d 854, 857 (9th Cir.2004). We affirm No. 11-15988 and dismiss No. 10-17190.

Appeal No. 11-15988

The bankruptcy court properly concluded that, regardless of whether Arizona or Colorado law applies, appellants’ judgment liens do not relate back to the filing of the notices of lis pendens and instead were recorded within 90 days of the filing of the bankruptcy petitions, and, thus, the judgment liens were properly subject to avoidance under 11 U.S.C. § 547 (b). See Hurst Concrete Prods., Inc. v. Lane (In re Lane), 980 F.2d 601, 604-06 (9th Cir.1992) (under California’s lis pendens statute, judgment relates back to the date of…