In Re Raymond R. Olsen, Debtor. John R. Olsen v. Gordon Zerbetz, Tr., 36 F.3d 71 (9th Cir. 1994). · Go Syfert
In Re Raymond R. Olsen, Debtor. John R. Olsen v. Gordon Zerbetz, Tr., 36 F.3d 71 (9th Cir. 1994). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 2009 · …we may affirm on any ground supported by the record. at p. 73
43 citation events (27 in the last 25 years) across 21 distinct courts.
Strongest positive: BUTLER v. WOJTKUN (mad, 2019-02-15)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 32 distinct citers. How cited ↗
discussed Cited as authority (rule) BUTLER v. WOJTKUN
D. Mass. · 2019 · confidence medium
Accordingly, the debtor must convey estate property to the trustee, see, e.g., In re Olsen, 36 F.3d 71, 73 (9th Cir. 1994); Turshen v. Chapman, 823 F.2d 836, 838-39 (4th Cir. 1987), and provide the trustee with information necessary to collect and liquidate the estate’s assets, see, e.g., In re Auld, 561 B.R. 512, 521 (B.A.P. 10th Cir. 2017).
discussed Cited as authority (rule) Leslie Gladstone v. US Bancorp
9th Cir. · 2016 · confidence medium
Olsen v. Zerbetz (In re Olsen), 36 F.3d 71, 72-73 (9th Cir.1994); see also Holmberg v. Armbrecht, 327 U.S. 392, 396 , 66 S.Ct. 582 , 90 L.Ed. 743 (1946) (“Equity will not lend itself to ... fraud [that prevents the plaintiff from being diligent] and historically has relieved from it.”).
cited Cited as authority (rule) In re: Uc Lofts on 4th, LLC Uc Lofts on 5th, LLC Halifax Investments, LLC John Scafani
9th Cir. BAP · 2015 · confidence medium
Olsen v. Zerbetz (In re Olsen), 12 36 F.3d 71, 73 (9th Cir. 1994). 13 V.
cited Cited as authority (rule) In re: Uc Lofts on 4th, LLC Uc Lofts on 5th, LLC Halifax Investments, LLC John Scafani
9th Cir. BAP · 2015 · confidence medium
Olsen v. Zerbetz (In re Olsen), 12 36 F.3d 71, 73 (9th Cir. 1994). 13 V.
cited Cited as authority (rule) MacKenzie v. Neidorf (In Re Neidorf)
9th Cir. BAP · 2015 · confidence medium
Olsen v. Zerbetz (In re Olsen), 36 F.3d 71, 73 (9th Cir.1994).
cited Cited as authority (rule) Zaharescu v. Ameriquest Mortgage Co. (In re Zaharescu)
9th Cir. · 2015 · confidence medium
Olsen v. Zerbetz (In re Olsen), 36 F.3d 71, 73 (9th Cir.1994).
cited Cited as authority (rule) Adina Zaharescu V.
9th Cir. · 2015 · confidence medium
Olsen v. Zerbetz (In re Olsen), 36 F.3d 71, 73 (9th Cir. 1994).
cited Cited as authority (rule) Zaharescu v. Ameriquest Mortgage Co.
9th Cir. · 2015 · confidence medium
Olsen v. Zerbetz (In re Olsen), 36 F.3d 71, 73 (9th Cir.1994).
cited Cited as authority (rule) Zaharescu v. Ocwen Loan Servicing LLC
9th Cir. · 2015 · confidence medium
Olsen v. Zerbetz (In re Olsen), 36 F.3d 71, 73 (9th Cir.1994).
cited Cited as authority (rule) Zaharescu v. Ocwen Loan Servicing LLC (In re Zaharescu)
9th Cir. · 2015 · confidence medium
Olsen v. Zerbetz (In re Olsen), 36 F.3d 71, 73 (9th Cir.1994).
cited Cited as authority (rule) In Re Chiquita Brands Intern., Inc. Alien Tort
S.D. Fla. · 2010 · confidence medium
Equitable tolling is appropriate where a plaintiff “remain[s] in the dark without any fault or want of diligence or care on his part.” In re Olsen, 36 F.3d 71, 73 (9th Cir.1994).
cited Cited as authority (rule) Segovia v. Bach Construction (In re Segovia)
9th Cir. · 2009 · confidence medium
“We may affirm on any ground supported by the record.” See Olsen v. Zerbetz (In re Olsen), 36 F.3d 71, 73 (9th Cir.1994).
cited Cited as authority (rule) Segovia v. Bach Construction (In re Segovia)
9th Cir. · 2009 · confidence medium
“We may affirm on any ground supported by the record.” See Olsen v. Zerbetz (In re Olsen), 36 F.3d 71, 73 (9th Cir.1994).
cited Cited as authority (rule) Hunt, Ortmann, Blasco, Palffy & Rossell, Inc. v. Jim L. Shetakis Distributing Co. (In Re Jim L. Shetakis Distributing Co.)
D. Nev. · 2009 · confidence medium
Section 549(d) in particular “can be equitably tolled.” In re Olsen, 36 F.3d 71, 73 (9th Cir.1994).
cited Cited as authority (rule) Weinstein, Eisen & Weiss v. Katzman (In re Lincoln Hospital Medical Center, Inc.)
9th Cir. · 2007 · confidence medium
In re Olsen, 36 F.3d 71, 73 (9th Cir.1994).
discussed Cited as authority (rule) Tidewater Finance Co. v. Williams
D. Maryland · 2006 · confidence medium
(In re Stanwich Financial Services Corp.), 291 B.R. 25, 28-29 (Bankr.D.Conn.2003) (holding that the one-year limitations period under § 548(a)(1) for commencing an action to avoid certain transfers of property may be equitably tolled); Olsen v. Zerbetz (In re Olsen), 36 F.3d 71, 73 (9th Cir.1994) (equitable tolling applies to the two-year limitations period under § 549(d) for commencing an action to set aside an unauthorized transfer where a debtor conveyed property to son without court authorization or notice to trustee); In re Rives, 260 B.R. 470, 472 (Bankr.E.D.Mo.2001) (holding that the …
discussed Cited as authority (rule) Tidewater Finance Co. v. Williams (In Re Williams)
Bankr. D. Md. · 2005 · confidence medium
See In re Randall’s Island Family Golf Centers, 288 B.R. 701, 706 (Bankr.S.D.N.Y.2003)(applying equitable tolling to second lawsuit under 11 U.S.C. § 546 (a) to protect plaintiff debtor in possession that did not sit on its rights but rather filed a defective pleading that had been dismissed without prejudice); In re Stanwich Financial Services Corp., 291 B.R. 25, 29 (Bankr.D.Conn.2003)(applying equitable tolling under 11 U.S.C. § 548 to protect creditors committee where debtors engaged in a “systematic course of conduct which thwarted [the committee’s] discovery of the instant cause o…
cited Cited as authority (rule) Knupfer v. HSA Residential Mortgage Services of Texas, Inc. (In re Lau Capital Funding, Inc.)
Bankr. C.D. Cal. · 2005 · confidence medium
In re Olsen, 36 F.3d 71, 73 (9th Cir.1994).
discussed Cited as authority (rule) Pugh v. Brook (In re Pugh)
11th Cir. · 1998 · confidence medium
Machine Co.), 75 F.3d 586, 591 (10th Cir.1996) (section 546(a) is subject to equitable tolling); 11 Olsen v. Zerbetz (In re Olsen), 36 F.3d 71, 73 (9th Cir.1994) (citing cases to support the statement that “every court to consider if equitable tolling applies to § 549(d) has concluded that it does”); Ernst & Young v. Matsumoto (In re United Ins.
discussed Cited as authority (rule) Pugh v. Brook
11th Cir. · 1998 · confidence medium
Machine Co.), 75 F.3d 586, 591 (10th Cir. 1996) (section 546(a) is subject to equitable tolling);11 Olsen v. Zerbetz (In re Olsen), 36 F.3d 71, 73 (9th Cir. 1994) (citing cases to 11 Apparently, there is some conflict within the Tenth Circuit regarding the effect of section 546(a).
discussed Cited as authority (rule) Pugh v. Brook
11th Cir. · 1998 · confidence medium
Machine Co.), 75 F.3d 586, 591 (10th Cir.1996) (section 546(a) is subject to equitable tolling); 11 Olsen v. Zerbetz (In re Olsen), 36 F.3d 71, 73 (9th Cir.1994) (citing cases to support the statement that “every court to consider if equitable tolling applies to § 549(d) has concluded that it does”); Ernst & Young v. Matsumoto (In re United Ins.
cited Cited as authority (rule) United States Trustee v. Jones (In Re Thornton's Millwork, Inc.)
Bankr. M.D. Penn. · 1997 · confidence medium
Olsen v. Zerbetz, 36 F.3d 71, 73 (9th Cir. 1994).
discussed Cited as authority (rule) Ramirez v. Whelan (In Re Ramirez) (2×)
9th Cir. BAP · 1995 · confidence medium
In re Olsen, 36 F.3d 71, 72 (9th Cir.1994).
cited Cited as authority (rule) In Re William A. Knauss, Debtor. William A. Knauss v. Cecilia Knauss Ronald Ancell, Trustee Fred R. Kartchner
9th Cir. · 1995 · confidence medium
Olsen v. Zerbetz (In re Olsen), 36 F.3d 71, 72 (9th Cir.1994).
discussed Cited as authority (rule) Fidelity National Title Insurance v. Franklin (In Re Franklin)
Bankr. E.D. Cal. · 1995 · confidence medium
See Holmberg v. Armbrecht, 327 U.S. 392, 397 , 66 S.Ct. 582, 585 , 90 L.Ed. 743 (1946) (equitable tolling generally applies to all federal limitations periods); Olsen v. Zerbetz (In re Olsen), 36 F.3d 71, 73 (9th Cir.1994); Young v. Matsumoto (In re United Ins.
cited Cited "see" In Re Gonzalez
Bankr. C.D. Cal. · 2003 · signal: see · confidence high
See Olsen v. Zerbetz (In re Olsen), 36 F.3d 71 , 73 n. 3 (9th Cir.1994).
cited Cited "see" Roost v. Reynolds (In Re Reynolds)
Bankr. D. Or. · 1995 · signal: see · confidence high
See In re United Insurance Management, Inc., 14 F.3d 1380 (9th Cir.1994) and In re Olsen 36 F.3d 71 (9th Cir.1994).
discussed Cited "see, e.g." Despins v. Apple Inc.
Bankr. D. Conn. · 2025 · signal: see also · confidence low
Minn. 1995) (denying summary judgment because there remained a genuine issue of material fact as to whether the statute of limitations could be equitably tolled); see also Gladstone v. U.S. Bancorp, 811 F.3d 1133, 1143 (9th Cir. 2016) (citing Olsen v. Zerbetz (In re Olsen), 36 F.3d 71 , 72–73 (9th Cir. 1994) and holding that concealment by the debtor rather than the defendant could support equitable tolling).
discussed Cited "see, e.g." Miller v. Mathis (In re Mathis)
Bankr. E.D. Mich. · 2016 · signal: see, e.g. · confidence low
See, e.g., Olsen v. Zerbetz (In re Olsen), 36 F.3d 71 (9th Cir.1994) (equitably tolling the statute of limitations for avoiding post-petition transfers where the debtors transferred real property to their children while the property was for sale by the estate); In re Johnson, 281 B.R. 269 (Bankr.W.D.Ky.2002) (barring a debtor from re-filing for six years for her “egregious” conduct in ignoring an order of the court); In re Stinson, 269 B.R. 172 (Bankr.S.D.Ohio) (entering a joint and several judgment against the debtor and her attorney for the amount of a tax refund as a sanction for failin…
cited Cited "see, e.g." William Bender V.
9th Cir. · 2012 · signal: see, e.g. · confidence medium
See, e.g., In re Olsen, 36 F.3d 71, 73 (9th Cir.1994).
discussed Cited "see, e.g." In Re Hayes
Bankr. C.D. Cal. · 2005 · signal: see, e.g. · confidence medium
See, e.g., Olsen v. Zerbetz (In re Olsen), 36 F.3d 71, 72 (9th Cir.1994) (holding that the two-year limitation period under § 549(d) to void an unauthorized post-petition transfer of estate property was equitably tolled by the debtors’ conduct); Ernst & Young v. Matsumoto (In re United Ins.
discussed Cited "see, e.g." Schwartz v. Kursman (In Re Harry Levin, Inc.)
Bankr. E.D. Pa. · 1994 · signal: see, e.g. · confidence medium
See, e.g., In re Olsen, 36 F.3d 71, 73 (9th Cir.1994) ( 11 U.S.C. § 549 (d) may be equitably tolled); White v. Boston, 104 B.R. at 955-57; In re Bingham Systems, Inc., 139 B.R. 809, 813-814 (Bankr.N.D.Miss.1991); In re Candor Diamond Corp., 76 B.R. 342, 350 (Bankr.
Retrieving the full opinion text from the archive…
In Re Raymond R. OLSEN, Debtor. John R. OLSEN, Appellant,
v.
Gordon ZERBETZ, Trustee, Appellee
93-35143.
Court of Appeals for the Ninth Circuit.
Sep 19, 1994.
36 F.3d 71
94 Cal. Daily Op. Serv. 7165
1994 U.S. App. LEXIS 25644
1994 WL 507000
John R. Olsen, pro se., Bernd C. Guetschow, Anchorage, Alaska, for appellee Gordon Zerbetz., Joseph M. Moran and Deirdre D. Ford, Staley, DeLisio & Cook, Anchorage, Alaska, for appellee First Bank.
Wright, Wiggins, Thompson.
Cited by 43 opinions  |  Published
WIGGINS, Circuit Judge:

John R. Olsen wants to know for whom the statute tolls; it tolls for thee. The two-year limitation period on the bankruptcy trustee’s action to void a postpetition transfer of estate property was equitably tolled by the petitioner’s conduct.

Raymond and Gladys Olsen (Olsens) were sole owners of Olsen & Sons Logging, Ltd. (O & S). In the summer of 1984, both the Olsens and O & S filed for Chapter 11 relief. The Olsens listed some real properties on their bankruptcy schedules. Both Chapter 11 cases were converted to Chapter 7 liquidations in September, 1987.

In March, 1989, without approval from the bankruptcy court or notice to the trustee, the Olsens conveyed their interest in the listed properties to their son John (Appellant) and his wife Olivia. In October 1991, the trustee sought and obtained an order voiding the conveyances under 11 U.S.C. § 549 as a post-petition transfer of estate property and an order under § 542 instructing Appellant to return the properties to the estate. The district court affirmed.

We have jurisdiction under 28 U.S.C. § 158(d). We review de novo conclusions of law of the bankruptcy and district courts. In re Frontier Properties, Inc., 979 F.2d 1358, 1362 (9th Cir.1992). We review for clear error findings of fact. In re BFP, 974 F.2d 1144, 1146 (9th Cir.1992), aff'd sub nom. BFP v. RTC, — U.S.-, 114 S.Ct.[*73] 1757, 128 L.Ed.2d 556 (1994). We may affirm on any ground supported by the record. Id.

Appellant argues that the limitation period ran before the trustee filed suit and that the language of 11 U.S.C. § 549(d) precludes tolling. [1] The two-year limitation period in § 549(d) began running when the post-petition transfer of estate property occurred. And the trustee filed his action over two years after the transfer. The trustee argues that the Olsens’ conduct tolled the statute until the trustee discovered the conveyances.

We hold that § 549(d) can be equitably tolled. Recently, we held that the limitation period in § 546(a)(1) was “subject to equitable tolling in proper circumstances.” In re United Insurance Mgmt., Inc., 14 F.3d 1380, 1384-85 (9th Cir.1994) (citing Holmberg v. Armbrecht, 327 U.S. 392, 397, 66 S.Ct. 582, 585, 90 L.Ed. 743 (1946) (discovery doctrine “read into every federal statute of limitations”). We noted that “[e]very court that has considered the issue has ,held that equitable tolling applies to § 546(a)(1).” Id. at 1385. Likewise, every court to consider if equitable tolling applies to § 549(d) has concluded that it does. [2] In light of the Holmberg doctrine, we see no reason to disagree.

And this was a proper circumstance. The Olsens owned the property prepetition. They listed the property on their schedules. They knew it was listed for sale by the estate. Yet they conveyed the property to their son without court authorization and without notice to the trustee. They also violated their duty to cooperate with the trustee and surrender any recorded information. See 11 U.S.C. § 521(3) & (4).

Because the trustee remained in the dark “ ‘without any fault or want of diligence or care on his part,’ ” the statute did not begin running until he discovered the conveyance. United Insurance, 14 F.3d at 1384 (quoting Lampf, Pleva, Liphind, Prupis & Petigrow v. Gilbertson, 501 U.S. 350, 363, 111 S.Ct. 2773, 2782, 115 L.Ed.2d 321 (1991)). [3]

AFFIRMED.

1

. Section 549(d) provides, "An action or proceeding under this section may not be commenced after the earlier of — (1) two years after the date of the transfer sought to be avoided; or (2) the time the case is closed or dismissed."

2

. Cf. Smith v. Mark Twain Nat'l Bank, 805 F.2d 278, 293-94 (8th Cir.1986) (holding that equitable estoppel may toll § 549(d)); In re E-Tron Corp., 141 B.R. 49, 55-56 (Bankr.D.N.J.1992) (§ 549(d) may be equitably tolled); In re Dakota Dulling, Inc., 135 B.R. 878, 888-89 (Bankr.D.N.D.1991) (§ 549(d) equitably tolled); In re Bennett, 133 B.R. 374, 380-81 (Bankr.N.D.Tex.1991) (same); In re Fan, 132 B.R. 430, 432-33 (Bankr.D.Haw.1991) (same as Dakota Drilling); In re Bookout Holsteins, Inc., 100 B.R. 427, 429-31 (Bankr.N.D.Ind.1989) (same); In re Papa’s Market Cafe, Inc., 162 B.R. 519, 524-25 (Bankr. N.D.Ill.1993) (tolling may but did not apply); Consolidated Partners Investment Co. v. Lake, 152 B.R. 485, 491-92 (Bankr.N.D.Ohio 1993) (same).

3

.When the Olsens filed bankruptcy, the property listed on the bankruptcy schedules became part of the estate. 11 U.S.C. § 541(a)(1). This transfer of rights occurred by operation of federal law. See In re Crevier, 820 F.2d 1553, 1556-57 (9th Cir.1987) (except for bona fide purchasers for value). For real property (which apart from occupation cannot be physically "collected”), this transfer of rights, i.e., equitable title, to the estate satisfied the trustee’s duty to collect. And the trustee had no duty to routinely check if the Olsens had clouded legal title. He was entitled to rely on the Olsens' prior statements and presumed willingness to cooperate.