IN RE DEUEL

BAP Nos. SC-06-1132, SC-06-1063, Bankruptcy No. 04-02787, Adversary No. 06-90460.

361 B.R. 509 (2006)

In re Jill C. DEUEL, Debtor. Harold S. Taxel, Chapter 7 Trustee, Appellant, v. Chase Manhattan Bank, USA, N.A.; Jill C. Deuel; Will T. Deuel; and Lake View Carlton Hills Homeowners Association, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed — December 28, 2006.


Attorney(s) appearing for the Case

Michael Y. MacKinnon, Pyle, Sims, Duncan & Stevenson, APC, San Diego, CA, for Harold S. Taxel, Ch. 7 Trustee.

James C. Mitchell, Mitchell & Gilleon, San Diego, CA, for Chase Manhattan Bank, U.S.A.

Before: MONTALI, SNYDER, and KLEIN, Bankruptcy Judges.


Argued and Submitted on September 22, 2006 at Pasadena, California.

OPINION

MONTALI, Bankruptcy Judge.

One of the most, powerful weapons in a bankruptcy trustee's arsenal is the "strong arm" power of Section 544(a)(3)2 to recover real property, subject to the same limitations that a bona fide purchaser would have when acquiring that property from the, debtor outside...

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