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Trustee attorney says he will sell my client's mother=
Dennis, I think the case you are thinking of is:
876 F.2d 769: In Re Samir B. Tleel; Lupana Tleel, Debtorsjoseph N. Chbat,
Appellant, v. Samir B. Tleel; Lupana Tleel; Robert A. Fischer, Trustee,
Appellees (9th Cir. 1989)
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California 91364-2226
Telephone: (818) 226-1205
Facsimile : (818) 226-1213
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________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Wed, January 25, 2012 3:22:58 PM
Subject: Re: [cdcbaa] Trustee attorney says he will sell my client's mother's
house
I have been warning about this for some time. There is a 9th Cir case which says
544 overrules 541. Not on the computer, but if u search the two sections
together it should come up. D something.
D
Sent from my iPhone
On Jan 25, 2012, at 11:58 AM, "Steven B. Lever" wrote:
>I have a client who is on title with her mother since she was 17, a couple>decades ago. She never paid a penny for the house and is only on title for when
>mom dies. Originally I was only going to file her husband, but then after>reading 11 U.S.C. 541(d) I thought since she had only bare legal title there
>would be no issue.
>
>
>However, I got a call today from Trustees counsel, who I know well and respect,
>who tells me he can do so under 11 U.S.C. 544(a)(3). Trustee only shares
>legal title, not equitable title, but Trustee attorney says thats enough.
>
>11 U.S.C. 544(a)(3)
>(a) The trustee shall have, as of the commencement of the case, and without
>regard to any knowledge of the trustee or of any creditor, the rights and powers
>of, or may avoid any transfer of property of the debtor or any obligation>incurred by the debtor that is voidable by
>
>(1) omitted
>(2) omitted
>(3) a bona fide purchaser of real property, other than fixtures, from the>debtor, against whom applicable law permits such transfer to be perfected, that
>obtains the status of a bona fide purchaser and has perfected such transfer at
>the time of the commencement of the case, whether or not such a purchaser>exists.
>
>
>Im not getting his point and still in shock. Has anyone run across this issue
>before?
>
>Steve
>
>
>Law Offices of Steven B. Lever
>>
>> Steven B. Lever
>>( Tel. (562) 436-5456 ext. 6470
>>( Fax (800) 360-5161
>>* sblever@leverlaw.com
>> www.leverlaw.com
>>
>
Dennis, I think the case you are thinking of is:876 F.2d 769: In Re Samir B. Tleel; Lupana Tleel,
Debtorsjoseph N. Chbat, Appellant, v. Samir B. Tleel; Lupana Tleel; Robert A. Fischer, Trustee, Appellees (9th Cir. 1989)
The post was migrated from Yahoo.