IN RE MORA

BAP No. CC-97-1216-RuJH, Bankruptcy No. LA-95-15597-ER, Adversary No. LA-96-01943-ER.

218 B.R. 71 (1998)

In re Joseph MORA and Toshiko Mora, Debtors. Gilbert R. VASQUEZ, Chapter 7 Trustee, Appellant, v. Joseph MORA and Toshiko Mora, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided February 19, 1998.


Attorney(s) appearing for the Case

Richard Malatt, Dumas & Associates, Los Angeles, CA, for Gilbert R. Vasquez and James A. Dumas, Jr.

Steven A. Schwaber, Angel & Neistat, Los Angeles, CA, for Joseph A. Mora and Toshiko Mora.

Before: RUSSELL, JONES and HAGAN, Bankruptcy Judges.


OPINION

RUSSELL, Bankruptcy Judge.

Appellant Gilbert R. Vasquez, the Chapter 7 Trustee ("Trustee"), appeals a judgment by the bankruptcy court in favor of the appellees Joseph Mora and Toshiko Mora ("Debtors"), requiring him to turn over to Debtors $24,660.27 previously seized as an avoidable postpetition transfer. In entering judgment, the bankruptcy court held that a transfer of an interest in a cashier's check occurs at the time the check is mailed...

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