United States Ninth Circuit

In an action to quiet title, rulings that federal bankruptcy law does not preempt California protection of bona fide purchasers and that unauthorized post-bankruptcy sale of real property causes title to rest with the purchaser, not the bankruptcy estate, are affirmed where: 1) the bankruptcy estate failed to record title in the property; and 2) a bona fide purchaser bought and recorded title in the property.

Appellate Information

• Argued 12/05/2007
• Decided 09/04/2008
• Published 09/04/2008

Judges

• Before:  B. FLETCHER, WILLIAM C. CANBY, JR., and JOHNNIE B. RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gregory J. Hughes, Hughes & Pritchard, LLP, Roseville, CA, for appellant., James A. Tiemstra, Oakland, CA, for amicus curiae.


• For Appellees:
  
• Mary E. Olden, McDonough, Holland & Allen PC, Sacramento, CA, for appellees.