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IN RE TLEEL

BAP No. CC 86-1787 MoVMe, Bankruptcy No. SA 84-04981 PE, Adv. No. SA 85-0292 PE.

79 B.R. 883 (1987)

In re Samir B. TLEEL and Lupana Tleel, Debtors. Joseph N. CHBAT, Appellant, v. Samir B. TLEEL and Lupana Tleel, Robert A. Fischer, Trustee, Respondents.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided October 5, 1987.

Attorney(s) appearing for the Case

Robert Schachter, Hitchcock, Bowman, Schachter & Beverly, Torrance, Cal., for appellant.

E. Paul Tonkovich, E. Paul Tonkovich, P.C., Santa Ana, Cal., for respondents.

Before MOOREMAN, VOLINN and MEYERS. Bankruptcy Judges.

OPINION

This appeal concerns the contention by appellant that he is entitled to a constructive trust in the proceeds of the sale of a parcel of real property. The trial court, in granting summary judgment on behalf of the trustee, held that the plaintiff could not prevail against the trustee by virtue of 11 U.S.C. Section 544. We agree.

FACTS

The Tleels, appellees/debtors, acquired a parcel of commercial property in August 1978. The purchase initially...

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