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IN RE McGEE

Bankruptcy No. 87-03203. Adv. No. 89-0328.

196 B.R. 78 (1996)

In re: James William McGEE, Debtor. Richard C. REMES, Trustee, Plaintiff, v. James W. McGEE, M.D., Dee Ann McGee, and Robert McGee, Defendants.

United States Bankruptcy Court, W.D. Michigan.

May 21, 1996.

Attorney(s) appearing for the Case

Deborah L. Gray-Olker, Gray and Gray, P.C., Kalamazoo, Michigan, for Plaintiff.

James B. Frakie, Day & Sawdey, P.C., Grand Rapids, Michigan, for Defendants.

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

JO ANN C. STEVENSON, Bankruptcy Judge.

This matter was brought before the Court on Plaintiff Chapter 7 Trustee Richard C. Remes' motion for summary judgment. At issue is whether, as a matter of law pursuant to 11 U.S.C. § 544(a)(3), the Trustee may "strong-arm" into the Debtor's estate a parcel of Bahamian real estate owned by the Debtor but subject to an unrecorded declaration...

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