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IN RE BEREZ

No. CA 79-3289.

646 F.2d 420 (1981)

In re Joseph S. BEREZ, Bankrupt. David A. GILL as Trustee of Joseph S. Berez, bankrupt, Plaintiff-Appellant, v. The DROVERS NATIONAL BANK OF CHICAGO and Abe Schuckman, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 29, 1981.

Attorney(s) appearing for the Case

Joel Mithers, Los Angeles, Cal., for plaintiff-appellant.

Steven A. Lande, Lipofsky, Lande & Leipziger, Los Angeles, Cal., for defendants-appellees.

Before GOODWIN and SCHROEDER, Circuit Judges, and EAST, District Judge.

PER CURIAM:

Trustee in bankruptcy appealed from the District Court's decision which reversed the Bankruptcy Court and held that: (1) The sale and lease back transaction entered into between the Bankrupt and Medical Leasing Corporation was in fact a secured loan; (2) As a secured loan, the transaction was exempt from California's fraudulent conveyance statute, Calif.Civil Code § 3440; and (3) The Trustee was, therefore, not entitled to recover the proceeds of...

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