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IN RE HARVEY

BAP No. NC-97-1742-RHB, Bankruptcy No. 93-57084-JRG, Adversary No. 94-5019.

222 B.R. 888 (1998)

In re Kent Ellis HARVEY, aka Harvey Construction Company, Total Concepts Home Center; Linda Ann Harvey, Debtors. Suzanne L. DECKER, Trustee, Appellee, v. J. CYRIL JOHNSON CORPORATION PROFIT SHARING PLAN, et al.; Kent Ellis Harvey; Linda Ann Harvey, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided July 17, 1998.

Attorney(s) appearing for the Case

Jeffrey C. Wurms, Wendel, Rosen, Black & Dean, Oakland, CA, for Suzanne L. Decker, Trustee.

Julie Rome-Banks, Binder & Malter, San Jose, CA, for J. Cyril Johnson Corporation Profit Sharing Plan, et al.

Before: RUSSELL, HAGAN, and BRANDT, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge.

The bankruptcy court determined on summary judgment that the chapter 71 trustee could not avoid an unrecorded equitable interest in real property under § 544(a)(3) and/or CAL. CORP. CODE § 15010(3) because the debtors' schedules provided constructive notice of the creditors' interest in the property, and the trustee thus lacked the...

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