Kabayan

MEMORANDUM

I

INTRODUCTION

Appellant, Estepan Kabayan (“Kabayan”), has appealed from a summary judgment of the bankruptcy court in favor of appellees, Sanwa Bank California (“Sanwa”). Kabayan brought an adversary action against debtors, Nerees and Elize Yepremian, and creditor, Sanwa, in the bankruptcy court. The complaint sought (1) a determination of the amount of the claim and non-dischargeable status, and (2) imposition of an equitable lien and determination of its priority over San-wa’s recorded interest in certain real property. After determining that there were no genuine issues of material fact, the bankruptcy court granted Sanwa’s motion for summary judgment.

We affirm the bankruptcy court’s Summary Judgment. Although there may be a genuine issue of material fact regarding Ka-bayan’s alleged equitable interest in the property, there is no genuine issue regarding Sanwa’s notice of any prior unrecorded equitable interest. As Sanwa took without notice, Sanwa’s recorded interest is superior to Kabayan’s interest, and Sanwa is entitled to judgment as a matter of law.

II

RELEVANT FACTUAL BACKGROUND In 1988, Nerees and Elize Yepremian (“debtors”) obtained property at 680…