United States Ninth Circuit

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First Community Bank v. Gaughan, 14-16854

In an adversary proceeding brought by a creditor against a Chapter 7 bankruptcy trustee, seeking a declaration that the creditor had an enforceable judgment lien on real property, thereby granting it priority over the proceeds of the trustee's sale of the property, the district court's reversal of the bankruptcy court's summary judgment in favor of a creditor is reversed where: 1) applying California's choice-of-law rules, California law, rather than Arizona law, governed; and thus 2) the debtor's interest in the real property at issue was subject to enforcement of the judgment lien.

Appellate Information

  • Decided
  • Published 2017/03/31




  • United States Ninth Circuit