IN RE HILDE

No. 95-56841.

120 F.3d 950 (1997)

In re Reuben Lynn HILDE, Jr.; Maureen McDowell Hilde; Dr. Lynn Hilde, Jr.; Maureen Hilde, Debtors. SOUTHERN CALIFORNIA BANK, Plaintiff-Appellant, v. Patricia J. ZIMMERMAN, Chapter 7 Trustee, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 15, 1997.


Attorney(s) appearing for the Case

Judith Ilene Bloom, Clark & Trevithick, Los Angeles, CA (Leslie R. Horowitz, on the brief), for the appellant.

Robert L. Goodrich, San Bruno, CA, for the appellee.

Before: THOMPSON and T.G. NELSON, Circuit Judges, and FITZGERALD, District Judge.


DAVID R. THOMPSON, Circuit Judge:

Reuben Lynn Hilde and Maureen McDowell Hilde are debtors in Chapter 7 bankruptcy proceedings in the Central District of California. Southern California Bank (the Bank), a judgment creditor of the Hildes, appeals the decision of the Bankruptcy Appellate Panel (the BAP). The BAP held, reversing the bankruptcy court, that under 11 U.S.C. § 544, the Hildes' bankruptcy trustee could avoid...

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