Collins

Collins v. Wolf

Good Law
591 B.R. 752
United States District Court, Southern District of CaliforniaSeptember 10, 2018Case No.: 17-CV-2066 JLS (BLM); Bankruptcy No.: 11-19790-LT7California12,529 words

Opinion

Lead Opinion

Honsammartino, J.

Presently before the Court is Appellants Charles G. Collins, Chadwick C. Collins, and Janelle Collins's appeal from the Bankruptcy Court's order entering judgment in favor of Appellee Nancy L. Wolf. (ECF No. 1.) Appellants filed an amended opening brief, ("Appellant Br.," ECF No. 9), Appellee filed an answering brief, ("Appellee Br.," ECF No. 16), and Appellants then filed a reply brief, ("Reply," ECF No. 17). Having considered the parties' arguments, the record on appeal, and the law, the Court rules as follows.

BACKGROUND

This lawsuit arises out of a Chapter 7 bankruptcy filing by Debtor-Appellant Chadwick Collins ("Chadwick") and the sale of a property located at 1480 Beechtree Road, San Marcos, California 92078 ("the Property"). Chadwick and his spouse, Janelle Collins ("Janelle"), purchased the Property on December 19, 2000, and took title from a third party developer, Shea Homes Limited Partnership. (Excerpt of Record ("ER"), ECF No. 9-1, at 62.) 1 The grant deed from Shea Homes to the Collins was granted to "Husband and Wife as Joint Tenants." ( Id. ) Only the third-party developer signed the deed. ( Id. ) In 2002, the Collins subsequently decided to sell the property to…

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