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IN RE TIPPETT

No. 06-15411.

542 F.3d 684 (2008)

In the Matter of Craig L. TIPPETT; Christine L. Tippett, Debtors, Michael F. Burkart, Chapter 7 Trustee, Appellant, v. Seitu O. Coleman; Irwin Mortgage Company, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2008.

Attorney(s) appearing for the Case

Gregory J. Hughes, Hughes & Pritchard, LLP, Roseville, CA, for appellant.

Mary E. Olden, McDonough, Holland & Allen PC, Sacramento, CA, for appellees.

James A. Tiemstra, Oakland, CA, for amicus curiae.

Before: B. FLETCHER, WILLIAM C. CANBY, JR., and JOHNNIE B. RAWLINSON, Circuit Judges.

OPINION

CANBY, Circuit Judge:

After filing a joint Chapter 7 petition in bankruptcy and without authorization, Craig L. Tippett and Christine L. Tippett retained a realtor and sold their homestead in Sacramento County, California to Seitu O. Coleman. The Trustee in bankruptcy had not recorded the Tippetts' Chapter 7 petition in the office of the Sacramento County Recorder, and the Tippetts did not reveal their bankruptcy to their realtor or to Coleman. It...

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