HOFFMAN v. LLOYD

Nos. 08-15814, 08-15883.

572 F.3d 999 (2009)

Jeffrey E. HOFFMAN; H & B Properties, LLC; J. Edwards Investment Group, Inc.; Norcal Financial, Inc., Appellants, v. Thomas R. LLOYD; Edward L. Blum, Appellees. Jeffrey E. Hoffman; H & B Properties, LLC; J. Edwards Investment Group, Inc.; Norcal Financial, Inc., Appellants, v. Thomas R. Lloyd; Edward L. Opinion Blum, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 20, 2009.


Attorney(s) appearing for the Case

Jeffrey Goodrich, San Francisco, CA, for the appellees.

Dennis Davis, San Francisco, CA, for the appellants.

Before: MARY M. SCHROEDER and D.W. NELSON, Circuit Judges, and CONSUELO B. MARSHALL, District Judge.


OPINION

SCHROEDER, Circuit Judge:

Jeffrey E. Hoffman and related plaintiff-creditors challenged Chapter 11 debtor Thomas R. Lloyd's exercise of his right to rescind the sale of his foreclosed home under California's Home Equity Sales Contract Act, known as "HESCA." See Cal. Civ.Code § 1695, et seq. The district court affirmed the bankruptcy court's summary judgment in favor of the debtor, Lloyd, because Hoffman never provided Lloyd with notice...

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