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IN RE CARMEL OF ST. JOSEPH OF SANTA YNEZ

BAP No. CC-98-1801-MeBWe. Bankruptcy No. ND-97-13322-RR. Adversary No. ND-98-01063-RR.

237 B.R. 155 (1999)

In re CARMEL OF ST. JOSEPH OF SANTA YNEZ, Debtor. Joseph H. Kirby, as Trustee of The Kirby Family Trust, The Laura V. Kirby Trust, The Patrick F. Kirby Trust, and The Helen Oberle Trust, Appellant, v. F. Wayne Elggren, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided July 30, 1999.

Attorney(s) appearing for the Case

John J. Flynn, Nossaman, Gunther, Knoz & Elliot, Irvine, CA, for Joseph H. Kirby, as Trustee of the Kirby Family Trust, the Laura V. Kirby Trust, the Patrick F. Kirby Trust, and the Helen Oberle Trust, appellant.

Michael S. Kogan, Arter & Hadden, Los Angeles, CA, for F. Wayne Elggren, Chapter 7 Trustee, appellee.

Before MEYERS, BRANDT and WEISSBRODT, Bankruptcy Judges.

OPINION

MEYERS, Bankruptcy Judge.

I

An entity brought an action to impose a constructive trust, or in the alternative a resulting trust, on a parcel of real property that the Chapter 7 trustee asserted was estate property. The court granted the trustee's motion for summary judgment.

We AFFIRM.

II

FACTS

Sister Jean Marie Kirby ("Sister Jean Marie...

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