IN RE MITCHELL

BAP No. SC-01-1566-BMAP. Bankruptcy No. 01-9689-PB13.

279 B.R. 839 (2002)

In re Tyrone A. MITCHELL and Eva P. Mitchell, Debtors. Value T Sales, Inc., Appellant, v. Tyrone A. Mitchell and Eva P. Mitchell; Thomas J. Billingslea, Jr., Chapter 13 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed June 17, 2002.


Attorney(s) appearing for the Case

Christopher A. Seaman, Kimball, Tirey & St. John, San Diego, CA, for Value T Sales, Inc.

Jonathan R. DeSimone, San Diego, CA, for Tyrone and Eva Mitchell.

Before: BRANDT, MARLAR, and PERRIS, Bankruptcy Judges.


OPINION

BRANDT, Bankruptcy Judge.

Does § 549(c)1, the bona fide purchaser ("BFP") defense to a trustee's action to avoid unauthorized post-petition transfers, provide an exception to the automatic stay of § 362(a)? Appellant Value T Sales, Inc., which purchased debtors' residence in San Diego, California, at a post-petition foreclosure sale without notice of the bankruptcy, moved for a declaration that § 549(c...

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