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IN RE WILLIAMS

Bankruptcy No. LA 90-03513 LF, Adv. No. LA 90-0418-LF.

124 B.R. 311 (1991)

In re Mildred V. WILLIAMS, Debtor. Mildred V. WILLIAMS, Plaintiff, v. UNITED INVESTMENT CORP., aka R.G. Conveyance Corp., a California Corporation, J. De Witt Fox, M.D. and Dennis E. McGoldrick, Chapter 7 Trustee, Defendants.

United States Bankruptcy Court, C.D. California.

February 15, 1991.

Attorney(s) appearing for the Case

Marie E. Davis, Linda G. Zieff, A Law Corp., Inglewood, Cal., for debtor/plaintiff.

Mark K. Worcester, Auturo M. Cisneros, Alvarado, Rus & McClellan, A Professional Corp., Orange, Cal., for defendants, United Investment Corp. and J. De Witt Fox, M.D.

Dennis McGoldrick, Gardena, Cal., Trustee.

AMENDED OPINION RE SUMMARY JUDGMENT MOTION

LISA HILL FENNING, Bankruptcy Judge.

Plaintiff Mildred V. Williams (Debtor) filed a complaint under 11 U.S.C. § 549 to avoid a foreclosure sale on her house. The foreclosure sale occurred before her bankruptcy petition was filed, but was not recorded until after the filing. Under California's pure "race notice" recording statute, the sale was thus unperfected when the notice of bankruptcy was recorded.

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