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IN RE SUMMERS

No. 02-16146.

332 F.3d 1240 (2003)

In re Ann Marie SUMMERS, Debtor. Richard J. Hanf, Chapter 7 Trustee, Appellant, v. Eugene Summers, Appellee, and David Burchard, Chapter 13 Trustee for the Estate of Eugene Summers; Ann Marie Summers; Charles E. Sims, Chapter 7 Trustee for the Estate of Aurora Summers.

United States Court of Appeals, Ninth Circuit.

Filed June 20, 2003.

Attorney(s) appearing for the Case

Byron Lee Lynch, Redding, CA, for the appellant.

Stanley Zlotoff, San Jose, CA, for the appellee.

Before CANBY, KLEINFELD, and RAWLINSON, Circuit Judges.

OPINION

RAWLINSON, Circuit Judge.

This case requires us to determine whether the requirements of California's transmutation statute, Cal. Fam.Code § 852(a), must be met when realty is transferred from a third party to spouses as joint tenants. We affirm the decision of the Bankruptcy Appellate Panel ("BAP"), that the transmutation statute does not apply in such a circumstance, and that the property in issue is therefore held in joint tenancy rather...

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