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IN RE MORA

No. 98-55636.

199 F.3d 1024 (1999)

In re Joseph A. MORA; Toshiko Mora, Debtors. Joseph A. Mora; Toshiko Mora, Plaintiffs-Appellants, v. Gilbert Vasquez, Trustee; James A. Dumas, Jr.; BancBoston Mortgage Corporation, a corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 21, 1999.

Attorney(s) appearing for the Case

Steven A. Schwaber, Los Angeles, California, for plaintiffs-appellants Joseph A. Mora and Toshiko Mora.

Richard Malatt, Los Angeles, California, for defendants-appellees Gilbert Vasquez, Trustee, and James A. Dumas, Jr.

Tyrone Mitch Washington, Jacksonville, Florida, for defendant-appellee BancBoston Mortgage Corporation.

Before: BRIGHT, REINHARDT, and TROTT, Circuit Judges.

BRIGHT, Senior Circuit Judge:

The debtors-appellants in this case, Joseph and Toshiko Mora, mailed a cashier's check in the sum of $24,660.27 to their home (and homestead) mortgage lender, BancBoston Mortgage Corporation ("BancBoston") and the next day filed for bankruptcy. The debtors intended for the mailing to constitute a prepetition transfer of assets to BancBoston and to be free from claims of creditors as incorporated into the homestead exemption.

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