Patsy Marie Alley

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1Vehicles may be registered as community property by following the procedure set forth in
California Vehicle Code § 4150.5(b).
2The court declines to opine at this time on the consequences of the debtor’s failure to schedule
her interest in the truck.
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
PATSY MARIE ALLEY, No. 05-11833
Debtor(s).
______________________________________/
Memorandum on Motion for Turnover
_________________
The Chapter 7 trustee seeks an order for turnover of a 1994 pickup truck which the debtor failed
to schedule despite being named as a joint owner on the registration. She alleges that the truck is the
separate property of her husband, despite no proven agreement to that effect.
Under California law, record title is determinative of ownership interest unless interests are
otherwise established by sufficient proof. In re Summers, 332 F.3d 1240, 1243 (9th Cir. 2003). In this
case, the debtor has failed to establish that the truck is separate property and the Trustee has failed to
establish the truck is community property.1 Accordingly, the court finds that the bankruptcy estate owns a
one-half interest in the truck. Turnover rights are governed by § 363(h) of the Bankruptcy Code.2
An order shall be entered prohibiting the debtor from interfering with the Trustee in his efforts to
liquidate the estate’s interest in the truck. Counsel for the Trustee shall submit an appropriate form of
order.
Dated: February 21, 2006
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Entered on Docket
February 22, 2006
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 05-11833 Doc# 21 Filed: 02/21/06 Entered: 02/22/06 09:25:03 Page 1 of 1