IN RE BLANCHARD

Bankruptcy No. 14-20258-svk. Adversary No. 14-2292.

520 B.R. 740 (2014)

In re Troy A. BLANCHARD and Heather J. Blanchard, Debtors. Larry H. Liebzeit, Trustee, Plaintiff, v. Intercity State Bank, et al., Defendants.

United States Bankruptcy Court, E.D. Wisconsin.

Signed October 27, 2014.


Attorney(s) appearing for the Case

Michael F. Dubis , Waterford, WI, for Plaintiff.

Brandon P. O'Connor , Sarah L. Ruffi , Ruffi Law Offices SC, Wausau, WI, for Defendants.

Benjamin R. Hoffman, pro se.

Debra J. Hoffman, pro se.


MEMORANDUM DECISION

SUSAN V. KELLEY, Bankruptcy Judge.

The Trustee seeks to avoid a mortgage using the "strongarm" power of 11 U.S.C. § 544(a)(3). Under this provision, the trustee can exercise the rights and powers of a hypothetical bona fide purchaser of the debtor's real property on the filing date. In effect, § 544(a)(3) asks: Suppose the debtor, instead of filing bankruptcy, had transferred the same real property to a bona fide purchaser who...

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