In the Matter of Fulton Air Service, Inc., Debtor. Benjamin C. Abney, Trustee, for Fulton Air Service, Inc. v. Cox Enterprises, State of Georgia

After oral argument, it appears that this case involved a question of Georgia law which is determinative of the cause, but unanswered by controlling precedent of the Supreme Court of Georgia or any other Georgia appellate court. Therefore, we certified the question for resolution by the Supreme Court of Georgia pursuant to the certification provision of the Ga.Const. art. 6, § 6, ¶ 4, Ga.Code Ann. § 15-2-9, and Rule 37 of the Supreme Court of Georgia.

The sole issue presented in this bankruptcy appeal concerned the power of the bankruptcy trustee as a hypothetical bona fide purchaser to avoid…