MATTER OF FITZPATRICK

Adv. No. 82-0182.

29 B.R. 701 (1983)

In the Matter of Michael Thomas FITZPATRICK and Edyth Ellen Fitzpatrick, Debtors. Patricia H. ELLSWORTH and Jeffrey K. Ellsworth, Plaintiffs, v. Michael Thomas FITZPATRICK, Edyth Ellen Fitzpatrick, Anchor Savings & Loan Association, M & I Bank of Hilldale and William J. Rameker, Trustee, Defendants.

United States Bankruptcy Court, W.D. Wisconsin.

May 9, 1983.


Attorney(s) appearing for the Case

Thomas R. Glowacki, Harris, Hill & Glowacki, Madison, Wis., for plaintiffs.

Linda D. Taplick, Murphy, Stolper, Brewster & Desmond, S.C., Madison, Wis., for trustee.

Michael J. Rynes, Community Law Services, Madison, Wis., for defendants Michael Thomas and Edith Ellen Fitzpatrick.

Jeffrey L. Landsman, Wheeler, Van Sickle, Anderson, Norman & Harvey, S.C., Madison, Wis., for defendant Anchor Sav. and Loan Ass'n.

Paul S. Taylor, Bakken, Feifarek & Taylor, Madison, Wis., for defendant M & I Bank of Hilldale.


ROBERT D. MARTIN, Bankruptcy Judge.

Plaintiffs Patricia and Jeffrey Ellsworth commenced this adversary proceeding seeking a determination that the trustee in bankruptcy cannot exercise the rights of a hypothetical lien creditor granted by 11 U.S.C. § 544(a)(1) or the rights of a bona fide purchaser granted by 11 U.S.C. § 544(a)(3) to avoid their interest in a duplex. The facts have been stipulated and the question of law is being decided on briefs.

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