Gajiu v. Ehrenberg (In re Goldshtadt)

Case Type:
Consumer
Case Status:
Affirmed
Citation:
No. CC-18-1333-LSTa (9th Circuit, Sep 04,2019) Not Published
Tag(s):
Ruling:
Properties owned by wife and debtor were property of the estate. Despite being held by the couple as joint tenants, the properties were presumed to be community property.
Procedural context:
Debtor filed for chapter 11 relief. On the trustee's motion, the bankruptcy court converted the case to chapter 7. Later, the bankruptcy court authorized the trustee to sell the debtor's properties. Also, the bankruptcy court concluded that the entirety of the properties was community property as of the petition date and thus was property of the estate.
Facts:
Debtor and wife purchased two parcels of real property. The couple took title to the properties as joint tenants. The couple later entered into a post-nuptial agreement, which provided that each spouse's interest in any subsequently purchased real property would be determined by the amounts their respective relatives contributed toward the purchase.
Judge(s):
Lafferty, Spraker, Taylor

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