Chavez

Chavez v. Ciolino

Good Law
310 F. App'x 980
United States Court of Appeals for the Ninth CircuitFebruary 3, 2009Nos. 07-16172, 07-16519California1,830 words

Opinion

Lead Opinion

MEMORANDUM *

These are two consolidated appeals from decisions of the district court, affirming in part and reversing in part a decision of the bankruptcy court. We have jurisdiction pursuant to 28 U.S.C. §§ 158 (d) and 1291, and we affirm the district court decisions in their entirety.

OVERVIEW

Nicklos Ciolino, Charles Ciolino, Daniel DeLorenzi, Robert Aguilar, and Stephen Daniele (collectively “Appellees”), filed actions in California state court against John A. Ryan after suffering losses in a fraudulent investment scheme promoted by Ryan. Appellees obtained prejudgment writs of attachment against Ryan’s primary asset, a house and parcel of land in Redwood City, California (the “property”). Shortly after Appellees recorded their writs of attachment, Ryan arranged for his friend, Lawrence Chazen, to record a deed of trust on the property. Following a jury trial, Appellees obtained judgments against Ryan, which they recorded as liens against the property. Ryan and his wife then filed for protection under Chapter 11 of the Bankruptcy Code. The bankruptcy court held that some of Appellees’ judgment liens related back to and merged with their prejudgment attachment liens and…

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