In re: RAMONA G. FONTAINE v. Robert L. Conn;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: RAMONA G. FONTAINE,
Debtor.
RAMONA G. FONTAINE and CIRILO
G. REYES,
Appellants,
v.
ROBERT L. CONN; et al.,
Appellees.
No. 10-60050
BAP No. 10-1003
MEMORANDUM*
In re: RAMONA G. FONTAINE,
Debtor.
RAMONA G. FONTAINE and CIRILO
G. REYES,
Appellants,
v.
No. 10-60054
BAP No. 10-1004
FILED
APR 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
10-60050 2
ROBERT L. CONN; et al.,
Appellees.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Markell, Hollowell, and Kirscher, Bankruptcy Judges, Presiding
Submitted April 17, 2012**
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Ramona G. Fontaine, a Chapter 7 debtor, and her husband, Cirilo G. Reyes,
(“appellants”) appeal pro se from the Bankruptcy Appellate Panel’s (“BAP”)
judgment affirming the bankruptcy court’s summary judgment for appellee Robert
L. Conn in an adversary proceeding concerning ownership of real property. We
have jurisdiction under 28 U.S.C. § 158(d). We review de novo decisions of the
BAP, and the bankruptcy court’s ruling on summary judgment. Arrow Elecs., Inc.
v. Howard Justus (In re Kaypro), 218 F.3d 1070, 1073 (9th Cir. 2000). We affirm.
The bankruptcy court properly granted summary judgment for Conn because
Conn was the fee simple owner of the property located at 3986 Astaire Avenue,
Culver City, California, as of March 12, 2008. See Gaughan v. Edward Dittlof
Revocable Trust (In re Costas), 555 F.3d 790, 793 (9th Cir. 2009) (debtor’s and

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10-60050 3
bankruptcy estate’s property rights are governed by state law); see also Cal. Civ.
Code § 1214 (rendering an unrecorded conveyance void as against any judgment
affecting the title, unless the conveyance was duly recorded before the record of
notice of action); cf. Hurst Concrete Prods., Inc. v. Lane (In re Lane), 980 F.2d
601, 604 (9th Cir. 1992) (under California law, a judgment affecting the title or
right of possession of property supports a lis pendens). Accordingly, the
bankruptcy court also properly determined that Fontaine had no ownership interest
in the property which would allow for a homestead exemption in her bankruptcy
case. See Cal. Civ. Code § 1214; see also Spirtos v. Moreno (In re Spirtos), 992
F.2d 1004, 1007 (9th Cir. 1993) (only property of the estate is subject to exemption
under 11 U.S.C. § 522); 11 U.S.C. § 541(a)(1) (“property of the estate” includes all
legal and equitable interests that the debtor has in property as of the
commencement of the bankruptcy).
Appellants’ motion for a stay of the bankruptcy proceedings pending appeal
is denied as moot.
Appellants’ remaining contentions are unpersuasive.
AFFIRMED.

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