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IN RE PROBASCO

No. 87-1617.

839 F.2d 1352 (1988)

In re William R. PROBASCO; Joan Probasco; Eddie McKinney; Thelma Jo McKinney; Bill J. Eads; Patsy M. Eads, Debtors. William R. PROBASCO; Joan Probasco; Mid Valley Time Loan; Robert C. Arnold, as Disbursing Agent under the Plan of Reorganization, Appellants, v. Bill J. EADS; Patsy M. Eads, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 22, 1988.

Attorney(s) appearing for the Case

Michael A. Milnes, Fresno, Cal., for appellants.

Frank H. Lang, Jr., and David Jenkins, Fullerton, Lang, Richert & Patch, Fresno, Cal., for appellees.

Before SNEED, POOLE and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

Appellant William R. Probasco (Probasco) appeals from the Bankruptcy Appellate Panel's order, 69 B.R. 730, affirming the bankruptcy court's judgment that Bill J. Eads (Eads), as debtor in possession, could assert 11 U.S.C. § 544(a)(3) (Supp. IV 1986) to avoid Probasco's unrecorded one-half interest in Parcel 1 of the Quail Meadows development. The controlling...

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