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IN RE DAVIS

Bankruptcy No. 88-00049, Adv. No. 89-00001A.

109 B.R. 633 (1989)

In re James T. DAVIS, d/b/a George Davis & Sons, d/b/a Quality Construction, d/b/a Quality Carpentry, d/b/a J & G Trucking, d/b/a DebCon Co., Debtor. Raymond J. OBUCHOWSKI, Trustee of Estate of James T. Davis, Plaintiff, v. George V. DAVIS and Dorothy M. Davis, Defendants.

United States Bankruptcy Court, D. Vermont.

June 15, 1989.

Attorney(s) appearing for the Case

J. Canney, Hull, Webber, Reis & Canney, Rutland, Vt., for George and Dorothy Davis (Davises).

R. Obuchowski, Mayer, Berk & Obuchowski, South Royalton, Vt., Trustee.

MEMORANDUM DECISION GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS

FRANCIS G. CONRAD, Bankruptcy Judge.

This adversary proceeding1 is before us on the Trustee's complaint for declaratory judgment and to compel turnover of property. We hold that Vermont law requires the Trustee to be a bona fide purchaser before he can compel the Davises to turnover real property, and because we find he is not a bona fide purchaser, his motion...

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