Study Aids
Case Briefs Overview
Casebooks
Case Briefs
I

In re Executive Growth Investments, Inc.

40 B.R. 417 (1984)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

In re Executive Growth Investments, Inc.

United States Bankruptcy Court for the Central District of California
40 B.R. 417 (1984)

Facts

A&W Properties (A&W) held a promissory note and a deed of trust on real property securing the note. A&W issued a promissory note of its own (A&W note) to Executive Growth Investments, Inc. (EGI). To secure the A&W note, A&W transferred a fractional interest in the deed of trust and the note the deed of trust secured to EGI. EGI divided its interest in the A&W note into 10 individual shares that EGI sold to individual investors, including Evelyn Feldman (defendant). The documents memorializing the transaction between EGI and Feldman referred to Feldman as an investor, to the money she paid to EGI as principal, and to EGI’s ability to substitute property other than the A&W note as collateral for EGI’s obligation to Feldman. Moreover, Feldman had the right to hold EGI liable for any amounts A&W failed to pay Feldman on the A&W note. EGI filed for bankruptcy, and a bankruptcy trustee (plaintiff) was appointed to manage the estate. The trustee filed an action to have the transfer to Feldman avoided—that is, undone—under § 544(a) of the Bankruptcy Code. Feldman contested the trustee’s right to avoid the transaction.

Rule of Law

Issue

Holding and Reasoning (Ayer, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Real Estate Transactions

Key Terms