73 Cal. App. 4th 1116 - Lee v. Baca’s Empirical Analysis
1999
Citation profile
Relationships
Applies 11 U.S.C. § 362
Relies on Butner v. United States · 57 Cal. 2d 450 - Auto Equity Sales, Inc. v. Superior Court · 56 Cal. 2d 54 - Di Giorgio Fruit Corp. v. Department of Employment · California v. Farmers Markets, Inc. · In Re Windmill Farms, Inc., Debtor. Vanderpark Properties, Inc. v. David L. Buchbinder, Trustee of Windmill Farms Management Company, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Sheriffs conflict is imagined, not real. 11 U.S.C. section 541 (a)(1) defines “property of the estate” as used in 11 U.S.C. section 362 (a) to include “all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case.” Under California law (which governs the bankruptcy court’s determination of this issue), a tenant has no legal or equitable interest in rented property once a judgment for possession has been entered in favor of the landlord. (In re Smith (Bankr.C.D.Cal.1989) 105 B.R. 50, 53-54 ; see also Butner v. United States (1979) 440 U.S. 48 , 99 S.Ct. 914 , 59 L.Ed.2d 136 ; In re Farmers Markets, Inc. (9th Cir.1986) 792 F.2d 1400 ; In re Windmill Farms, Inc. (9th Cir.1988) 841 F.2d 1467, 1469-1471 .) It follows that, as of the June 25 entry of a judgment of possession in our case, the tenants lost whatever legal or equitable interest they might previously have had in their rented apartment and that, by the time the tenants commenced their bankruptcy case, the Sheriffs execution of the writ of possession would not have affected “property of the estate” of the debtor.”
1 later decision quote this exact passage“I will note that the automatic stay is a little broader than just a property interest. It’s not just any act to obtain possession of the property of the estate or to exercise control over property of the estate, an enforcement against the debtor or against property of the estate of a judgment obtained before commencement of the case. Now, when we’re talking about a cause of action or claims or defenses such as an assertion of a right to possession, even if that’s after a writ of possession, there are still claims there.Any by — if—it may be that the automatic stay applies even to the more limited bundle of rights that still exists. It may not even be a bundle. It might just be the opportunity to seek some relief.”
1 later decision quote this exact passage“Except with respect to enforcement of a judgment for money, a writ of possession issued pursuant to a judgment for possession in an unlawful detainer action shall be enforced pursuant to this chapter without delay, notwithstanding receipt of notice of the filing by the defendant of a bankruptcy proceeding.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.