The Ninth Circuit today asked the Supreme Court to answer a question of California law. No, not that one. The case the federal appeals court is hoping to get some help on is In re Brace. It’s a bankruptcy matter, but the referred question is not one of bankruptcy law:
Does the form of title presumption set forth in section 662 of the California Evidence Code overcome the community property presumption set forth in section 760 of the California Family Code in Chapter 7 bankruptcy cases where: (1) the debtor husband and non-debtor wife acquire property from a third party as joint tenants; (2) the deed to that property conveys the property at issue to the debtor husband and non-debtor wife as joint tenants; and (3) the interests of the debtor and non-debtor spouse are aligned against the trustee of the bankruptcy estate? (Links added.)
The court should let the Ninth Circuit know by the beginning of January — give or take — whether it will answer the question. It probably will.
[Update: The court has docketed — as Brace v. Speier — the Ninth Circuit’s request.]
