California Supreme Court Watch

Feb 09, 2019
#19-07 In re Clifford Allen Brace, Jr., S252473. (9th Cir. No. 17-60032; 908 F.3d 531; Central District of California; BAP No. 16-1041.)

#19-07 In re Clifford Allen Brace, Jr., S252473. (9th Cir. No. 17-60032; 908 F.3d 531; Central District of California; BAP No. 16-1041.) Request under California Rules of Court rule 8.548, that this court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. The question presented is: “Does the form of title presumption set forth in section 662 of the California Evidence Code overcome the community property presumption set forth in section 760 of the California Family Code in Chapter 7 bankruptcy cases where: (1) the debtor husband and non-debtor wife acquire property from a third party as joint tenants; (2) the deed to that property conveys the property at issue to the debtor husband and non-debtor wife as joint tenants; and (3) the interests of the debtor and non-debtor spouse are aligned against the trustee of the bankruptcy estate?”

Request for certification granted: 01/16/2019

View the Ninth Circuit order.