495 F.2d 18 (9th Cir. 1974), 72-2822, In re Wing Sing Chew

Docket Nº:72-2822.
Citation:495 F.2d 18
Party Name:In the Matter of WING SING CHEW, Alleged Bankrupt, and Rose Wong Chew, Alleged Bankrupt. Howard B. CRITTENDEN, Jr., Petitioner-Appellant, v. Kal W. LINES, Receiver-Appellee.
Case Date:March 28, 1974
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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495 F.2d 18 (9th Cir. 1974)

In the Matter of WING SING CHEW, Alleged Bankrupt, and Rose Wong Chew, Alleged Bankrupt. Howard B. CRITTENDEN, Jr., Petitioner-Appellant,

v.

Kal W. LINES, Receiver-Appellee.

No. 72-2822.

United States Court of Appeals, Ninth Circuit.

March 28, 1974

Rehearing Denied May 16, 1974.

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A. Brooks Berlin (argued), San Francisco, Cal., for petitioner-appellant.

Lawrence Goldberg (argued), of Glicksberg, Kushner & Goldberg, Robert E. Phelan of Rothschild & Phelan, San Francisco, Cal., for receiver-appellee.

Patrick A. Murphy (argued), Charles E. Cooper, Eldon C. Parr, San Francisco, Cal., for amicus curiae.

Before CHAMBERS and DUNIWAY, Circuit Judges, and FERGUSON, District Judge. 1

OPINION

FERGUSON, District Judge:

This is an appeal from an order of the district court affirming on review the orders of a bankruptcy referee. We affirm.

The essential facts are:

1. On October 13, 1971, Mr. and Mrs. Chew executed a deed of trust and assignment of rents.

2. Under the deed, twenty-four (24) parcels of income producing real property in San Francisco, together with their

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contents, were transferred to Mr. Crittenden, their attorney, as trustee.

3. The deed provided that the purpose of the trust was to secure and pay the secured and unsecured creditors of the Chews in the order and amounts as the trustee determined from time to time and to return to the trustors the balance after a liquidation of the trust property. The trustee was granted full power to sell and convey the trust property.

4. On January 7, 1972, within four (4) months of the execution of the deed of trust, an involuntary bankruptcy petition was filed against the Chews by the Bank of America, the Federal Deposit Insurance Corporation and the Bank of Canton, claiming to be creditors in excess of $1,365,000.

5. The petition alleged as an act of bankruptcy among others the execution of the deed of trust.

6. On January 10, 1972, upon an ex parte petition of the three creditors, the bankruptcy referee appointed Mr. Lines as receiver to take charge of the property of the Chews and protect the interests of their creditors.

7. On January 13, 1972, the referee issued an order upon Mr. Crittenden to show cause why the property he obtained as trustee under the deed of trust should not be turned over to the receiver.

8. Mr. Crittenden filed a special appearance and objected to summary jurisdiction of the...

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