IN RE LAGUNA BEACH MOTORS, INC.

BAP No. CC-91-1519-JVO, Bankruptcy No. SA 88-00357 JR, Adv. No. SA 90-0051 JR.

148 B.R. 322 (1992)

In re LAGUNA BEACH MOTORS, INC., Debtor. R. Neil RODGERS, Trustee, Appellant, v. Paul Raymond SCHNEIDER, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided September 23, 1992.


Attorney(s) appearing for the Case

Sharilyn J. Hopson, Santa Ana, CA, for R. Neil Rodgers, Trustee.

William E. Krall, Jr., San Juan Capistrano, CA, for Paul Schneider.

Before JONES, VOLINN and OLLASON, Bankruptcy Judges.


OPINION

JONES, Bankruptcy Judge:

OVERVIEW

The trial court held that the defendant in this preference action gave "new value" by executing a vehicle certificate of title in return for payment for a vehicle that the defendant had given to the debtor to sell and which the debtor had sold to a third party. The trustee argues that the sale to the third party transferred title to the vehicle and cut off the rights of the defendant in the vehicle. Thus...

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