IN RE MARINO

No. 86-1655.

813 F.2d 1562 (1987)

In re Gilbert John MARINO, Debtor. PLACER SAVINGS AND LOAN ASSOCIATION, Plaintiff-Appellant, v. Edward M. WALSH, as trustee in Bankruptcy of Gilbert John Marino, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 8, 1987.


Attorney(s) appearing for the Case

John H. MacConaghy, Emeryville, Cal., for plaintiff-appellant.

Jeffrey J. Goodrich, San Francisco, Cal., for defendant-appellee.

Before GOODWIN, PREGERSON and HALL, Circuit Judges.


PREGERSON, Circuit Judge:

Appellant Placer Savings and Loan Association appeals from a grant of summary judgment in favor of appellee Edward Walsh, Bankruptcy trustee for the debtor John Gilbert Marino. The district court granted Walsh's motion for summary judgment, holding that Walsh could assert 11 U.S.C. § 544(a)(3) to avoid obligations arising out of the Waters' Edge Apartments of which Marino had been co-owner.

Placer now asserts: (1) that a partnership...

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