Opinion

Browne v. San Luis Obispo National Bank

  • 462 F.2d 129
Court
Court of Appeals for the Ninth Circuit
Filed
Mar 28, 1972
Status
Published
On the bench
Choy
Cited by
10 cases
Authority
More cited than 18.6%

where Assignment of Rents and Agreement Not to Seh or Encumber Real Property contained no hint of any power of foreclosure and none of the covenants purported to create a hen, document was held not to create an equitable hen upon the property

How later courts described this case

  • where Assignment of Rents and Agreement Not to Seh or Encumber Real Property contained no hint of any power of foreclosure and none of the covenants purported to create a hen, document was held not to create an equitable hen upon the property

Written by the judges who cited it.

The opinion

ON PETITION FOR REHEARING

The Bank suggests that because Mrs. Browne’s equity in her property was substantially less than its $25,-000 face value or the $20,000 maximum exemption, the property is totally exempt and Lockwood bars the bankruptcy court from jurisdiction. While factually correct, we cannot accept the Bank’s legal conclusion. First, in the seventy years since it was decided, Lockwood has been severely criticized as “the result of overly technical construction of section 6 and . . . not in accord with the general philosophy of the Bankruptcy Act.” 1A Collier’s |[ 6.05, p. 815. Second, the fundamental question involved here is not the effect of the homestead exemption but rather the effect of Mrs. Browne’s discharge in bankruptcy. Compare Sims v. Jamison, 67 F.2d 409 (9th Cir. 1933). Local Loan and not Lockwood controls this case. Whether or not Mrs. Browne’s property is totally exempt as a homestead, the bankruptcy court has ancillary jurisdiction to prevent the Bank from circumventing its decree.

The petition for rehearing is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.